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Direct Action Insurer The Hague: Direct Claim on Liability Insurer

Direct action against insurer in The Hague: claim damage directly from motor liability (WA) or business liability (AVB) insurer (art. 7:954 BW). District Court The Hague & Legal Aid Office info.

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Direct Action Insurer The Hague: Direct Claim on Liability Insurer

In The Hague, as an injured party, you can directly approach the insurer of the liable party under specific conditions. This direct action is regulated in Article 7:954 of the Dutch Civil Code and provides victims with essential protection. Such cases are often handled at the District Court The Hague (Prins Clauslaan 60).

What Does Direct Action Against the Insurer Mean?

Direct action gives you, as a victim, the right to file a claim with the liable party's liability insurer without involving the perpetrator. This independent right of claim is set out in Article 7:954 paragraph 1 BW: "The injured party has its own right to payment from the insurer up to the amount of the insured sum."

Advantages of Direct Action in The Hague

  • Financial security: Insurers have greater resources than individuals
  • Efficient settlement: Quick claims without an intermediary
  • Bankruptcy protection: Your claim remains intact in the event of the insured's insolvency
  • Local support: Free advice at Legal Aid Office The Hague (Lutherse Burgwal 10)

Legal Basis Article 7:954 BW

Paragraph 1: Own right to payment up to insured sum

Paragraph 2: Insurer may raise the same defenses as against the insured (except non-payment of premiums)

Paragraph 3: In the event of bankruptcy of the insured, direct claim remains possible

Applicable Insurances

  • Motor liability insurance (WA)
  • Business liability (AVB)
  • Professional liability
  • Private liability (AVP)
  • Product liability

Requirements for Successful Direct Action

1. Establishing Liability

Proof based on:

  • Tort (art. 6:162 BW)
  • Breach of contract
  • Statutory liability

2. Valid Policy Coverage

  • Policy active during incident
  • Damage covered
  • Premiums paid
  • No exclusions

3. Coverage Check

Check limits, deductible and conditions.

Practical Examples The Hague

Traffic Accident Benoordenhout

Hit by a scooter rider? Claim directly from WA insurer instead of the driver.

Construction Damage Escamp

Contractor damages your home? Approach AVB insurer.

Medical Error Hospital

Directly approach professional liability of doctors.

Product Defect Zuiderpark

Manufacturer product causes injury? Direct claim possible.

Procedure in The Hague

  1. Report damage to insurer
  2. Gather evidence
  3. If no payment: summons via District Court The Hague
  4. Advice: Legal Aid Office The Hague (free initial consultation)

Contact details:

  • District Court The Hague: Prins Clauslaan 60, 2595 AH The Hague
  • Legal Aid Office: Lutherse Burgwal 10, 2512 HR The Hague

Direct action strengthens your position as a victim in The Hague!

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