Regres concerns the right of an insurer or other party to recover paid damage from the responsible party. This is crucial within personal injury law in Utrecht and surrounding areas.
What does regres mean?
Regres, also known as recourse, is the process whereby a party that has paid out damage attempts to recover it from the person or entity that caused the damage.
Practical examples
| Party seeking recourse | Recourse against | Type of costs |
|---|---|---|
| Health insurer | Responsible party/insurer | Healthcare costs |
| Employer | Responsible party/insurer | Paid salary |
| UWV | Responsible party/insurer | Benefit costs (WIA, ZW) |
| Pension fund/ABP | Responsible party/insurer | Disability benefit |
| Municipality of Utrecht | Responsible party/insurer | Social benefits |
Legal basis
The right to recourse is laid down in various Dutch laws and regulations.
Relevant laws
- Art. 6:107a DCC: Recourse for wage costs by employers
- Art. 7:962 DCC: Subrogation right in insurance
- Art. 83b Health Insurance Act: Recourse right for health insurers
- Art. 99 WIA: Recourse by UWV
Impact on victims in Utrecht
Regres significantly affects the situation of victims, especially in complex cases.
No double recovery
If an insurer or authority has already compensated damage, the victim cannot claim it again from the liable party, to prevent double compensation.
Effects in practice
- Lower direct claim (net damage amount)
- Recourse parties play a role in the settlement
- Settlement processes become more complicated
- Coordination between victim and recourse parties is essential
Limitation of recourse: Civil ceiling
Parties exercising recourse cannot claim more than the victim could have claimed themselves.
Limits on recourse
| Limitation | Explanation |
|---|---|
| Civil ceiling | Maximum is equal to the victim's claim |
| Contributory negligence | Reduction of recourse in case of victim's own fault |
| Non-recoverable costs | Only actually paid damage is recoverable |
WNPV agreement
There is an agreement between employers and insurers for smooth handling of recourse cases.
Key points of the agreement
- Standardized recourse amounts
- Simplified procedures
- Less need for extensive evidence
- Faster handling of claims
Recourse in traffic accidents
Recourse often plays a role in traffic accidents in and around Utrecht.
Typical cases
Commuting accidents
In accidents during commuting, an employer can recover paid wages from the WAM insurer of the liable party.
Healthcare costs
Health insurers recover medical expenses from the insurer of the at-fault party.
Benefit costs
The UWV can recover WIA benefits from the responsible party.
Advice for victims in Utrecht
- Report accidents to all involved insurers and authorities
- Take recourse parties into account during negotiations
- Coordinate well with recourse seekers to avoid harming your case
- Understand that your final claim may be lower
- Seek legal assistance for complex recourse issues, for example via the Juridisch Loket Utrecht at Catharijnesingel 55
Advice for Utrecht employers
- Keep accurate records of absence due to accidents
- Submit recourse claims promptly to the liable insurer
- Utilize the WNPV covenant for efficient handling
- Consider insurance for recourse risks
Relevant institutions in Utrecht
For legal matters regarding recourse, you can go to the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht.
Frequently asked questions about recourse
What does recourse entail?Recovering damage from the at-fault party.
Who exercises recourse?
Often insurers or employers.
Does recourse affect my claim?
Your claim remains, but may net lower.
Does recourse delay settlement?
This can happen.
Must I cooperate with recourse?
Yes, cooperation is often necessary.
In short
Recourse is recovering damage from the liable party.
Key points
- Recovery of costs
- Your own claim remains