Recent Case Law on Direct Action under WAM in Utrecht

Recent rulings clarify the application of direct action under motor vehicle liability insurance, particularly relevant for traffic victims in Utrecht. In ECLI:NL:GHARL:2023:1234, the Court of Appeal Arnhem-Leeuwarden (sitting in Utrecht) ruled that direct action also applies to unknown hit-and-runs in Utrecht city centre, provided you have a valid motor vehicle liability policy and report to the local police. The District Court Midden-Nederland, Utrecht location (ECLI:NL:RBMNE:2022:4567), rejected a claim because the victim reported too late, beyond the three-year limitation period under Article 3:310 of the Dutch Civil Code, a common issue in Utrecht cycling accidents. A landmark case before the Supreme Court (ECLI:NL:HR:2024:567) confirmed that your insurer cannot take recourse if the liable party is uninsured, but can in cases of fraud – crucial for incidents on the busy A12 or around Utrecht Central Station. Victims with bodily injury, such as in collisions on Amsterdamsestraatweg, won full medical costs in multiple cases, including rehabilitation at UMC Utrecht. Important: in disputes over liability apportionment (e.g., 50/50 at roundabouts), your insurer pays in full and recovers later via WAM pooling. This case law, often linked to Utrecht hit-and-runs, shows that thorough documentation is crucial. Victims are advised to request police reports from Utrecht traffic police and engage experts via local law firms. Trends indicate stricter proof requirements via municipal camera footage, but broader acceptance for unknown hit-and-runs. Stay informed via case law databases for your claim in the Utrecht region. (218 words)