The WAM insurance, or the Motor Vehicle Liability Insurance Act (Wet Aansprakelijkheidsverzekering Motorrijtuigen), is a compulsory insurance for all motor vehicles in Utrecht and beyond. Victims of a traffic accident can file a direct claim with this insurance.
What does the WAM entail?
The WAM requires owners of motor vehicles to take out insurance for damage they cause to third parties:
- Damage due to injury (personal injury)
- Property damage (material damage)
- All damage caused by the vehicle
Mandatory minimum coverage
| Type of damage | Minimum coverage |
|---|---|
| Personal injury | € 6,070,000 per incident |
| Property damage | € 1,300,000 per incident |
Direct claim as a victim
As a victim, you can file a claim directly with the WAM insurer of the counterparty:
- It is not necessary to first hold the driver liable
- This process is called 'direct action'
- The insurer handles your case
Which vehicles does the WAM apply to?
The WAM applies to the following vehicles:
- Passenger cars
- Motorcycles
- Mopeds and scooters
- Speed pedelecs
- Agricultural vehicles on public roads
What if there is no WAM insurance?
In the case of an uninsured vehicle, you can:
- Claim damage from the Motor Traffic Guarantee Fund (Waarborgfonds Motorverkeer)
- Hold the owner personally liable
- Know that driving without insurance is a criminal offense
Can I as a passenger file a claim with my own insurance?
Yes, as a passenger you have the right to file a claim with the WAM insurer of the vehicle you were in, regardless of whether the driver is an acquaintance or family member.What if the insurance does not provide enough coverage?
If the insured amount is insufficient, you can try to recover the remaining amount from the responsible driver. However, this is often a complicated process.Is the WAM also valid outside the Netherlands?
Yes, the WAM provides coverage in all countries listed on the green card. Note: the minimum coverage may vary per country.Frequently asked questions about WAM in Utrecht
Is WAM insurance mandatory if my car is only on private property?
Yes, as soon as your vehicle enters the public road, even occasionally, it must be insured. If the vehicle is permanently on enclosed private property in Utrecht, insurance is not mandatory. However, always check the rules to avoid risks.
How do I claim damage from a WAM insurer after an accident?
Contact the insurer of the liable party immediately. Gather evidence such as photos, witness statements, and a completed damage form. Specify what damage you have (injury or material) and follow the insurer's instructions. In case of problems, you can seek legal assistance, for example, through the Juridisch Loket Utrecht at Catharijnesingel 55.
What if the driver who hit me is uninsured?
In the case of an uninsured vehicle, you can appeal to the Motor Traffic Guarantee Fund for compensation. You must prove that the counterparty is liable. The owner remains personally responsible and can be prosecuted criminally.
Does the WAM also cover damage to my own vehicle?
No, the WAM only covers damage you cause to others. For your own damage, you need additional comprehensive insurance (casco), which is not mandatory but advisable for a valuable vehicle.
Can I terminate my WAM insurance if I am not using my car?
This is only possible if you officially suspend or deregister the vehicle with the RDW. As long as the vehicle is registered, you must remain insured. For temporary non-use, you can sometimes arrange an adjusted premium with your insurer.
What is the difference between WAM and WA?
Both terms refer to the same compulsory motor vehicle liability insurance. 'WA' means Statutory Liability, while 'WAM' refers to the specific act.
Local information: For legal questions about WAM insurance in Utrecht, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55, or submit matters to the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.
### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation