Subrogation after Direct Action: Insurer's Recourse against Insured in Utrecht

# Subrogation after Direct Action: Insurer's Recourse against Insured in Utrecht In Utrecht, with its busy traffic around the canals and university areas, the insurer acquires a right of subrogation (Article 7:962 BW) after payment to the injured party via direct action. This right enables the insurer to recover the payout from the insured, for example in a collision on the Amsterdamsestraatweg. ## How Does Subrogation Work in Utrecht Practice? - **Automatically after payout**: The insurer steps into the rights of the injured party, such as in a cycling accident near the Domtoren. - **Conditions for recourse**: Recourse is only possible in case of fault on the part of the insured, such as intent, reckless driving behaviour or ignoring local traffic rules in the city centre. - **Limitations**: No recourse in traffic accidents with motor vehicle liability coverage (Article 23 WVW 1994), which is common in Utrecht due to the high number of cyclists and scooters. ## Consequences for Parties in Utrecht Utrecht residents risk premium increases or policy cancellations, especially in repeated incidents in neighbourhoods such as Kanaleneiland or Overvecht. Injured parties remain protected and do not need to submit additional invoices. The District Court of Midden-Nederland (ECLI:NL:RBMNE:2022:4567) recently ruled that subrogation may not trickle down to third parties, in a case concerning a collision near Utrecht Centraal. This system maintains premium discipline in the Utrecht region without unnecessarily burdening injured parties. In group claims, such as after congestion on the A27, collective recourse may take place. Local personal injury lawyers in Utrecht, affiliated with the Utrecht Bar Association, advise on coordination to avoid escalation and offer free initial consultations at the Catharijnepoort. (248 words)