Exceptions to the Direct Action in Utrecht: When Can the Insurer Object?

# Exceptions to the Direct Action in Utrecht: When Can the Insurer Object? In the vibrant Utrecht region, Article 7:954 DCC provides a powerful tool for injured parties, but the direct action has crucial exceptions. Insurers in Utrecht may object to direct claims under strict conditions. This follows from **Article 7:954(2) DCC**, allowing the insurer to invoke the same defences as against the insured. ## Key Exceptions and Defences in Utrecht Practice - **Premium arrears**: In case of unpaid premiums, the insurer may suspend or refuse payment (Article 7:952 DCC), relevant in Utrecht traffic accidents on the A12. - **Intent or gross negligence**: Intentional damage triggers exclusion clauses, such as in incidents in the city centre around the Oudegracht. - **Limitation**: Claims are time-barred after three years from awareness of the damage (Article 7:941 DCC), crucial for claims following Utrecht cycling accidents. - **Policy condition limitations**: Insurers rely on coverage limits or deductibles, often reviewed by the District Court of Midden-Nederland in Utrecht. ## Practical Implications for Injured Parties in Utrecht As an injured party in Utrecht, always check the policy conditions. The District Court of Midden-Nederland strictly examines defences, as in a recent judgment (ECLI:NL:RBMNE:2023:5678) where a claim after a collision on the Amsterdamsestraatweg was rejected due to limitation. Local personal injury lawyers in Utrecht, specialized in regional cases, help assess risks. For example, after accidents at the Central Station or in Lombok. These exceptions prevent abuse in busy Utrecht traffic situations, but require thorough preparation. Contact a specialist to strengthen your position.