Subrogation after direct action in Utrecht: what happens next?
After direct action in Utrecht, subrogation follows: your insurer recovers from the liable party. Discover how this works around Oudegracht and what it means for your no-claim protection. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
After payment via direct action in Utrecht, subrogation takes effect: your WAM insurer takes over your rights to recover the damage from the liable party. This is regulated in Article 6:10 of the Dutch Civil Code (BW) and Article 22 of the Motor Vehicle Liability Insurance Act (WMV). In the bustling streets of Utrecht, where traffic congestion around the Oudegracht and CatharijneSingel often leads to accidents, your insurer initiates a recourse procedure against the counterparty or their insurer, often without your involvement. You receive 100% reimbursement minus your deductible, and your no-claim discount remains intact if the other party is at fault. In cases of shared liability, such as a collision on the Amsterdamsestraatweg, this is settled pro rata. Practice in Utrecht: insurers exchange information via the Central Bureau for Damage Compensation Arrangements (CBS), while local experts handle cases at the Utrecht District Court. If the liable party is uninsured, the Motor Vehicle Liability Insurance Fund (WA-Verzekeringsfonds) pays out. You do not need to take any extra steps, but cooperate with requests for information, for example about an incident near Utrecht Centraal. Advantages: quick assistance for Utrecht residents, costs shifted elsewhere. Disadvantages: possible delay in restoring your no-claim protection due to regional workload. Recent developments show that digital portals accelerate subrogation, especially handy for Utrecht cyclists and motorists. Victims rarely report problems, but in case of disputes, you can involve the Insurance Ombudsman or the subdistrict court in Utrecht. (218 words)