Direct Claim Against Insurer in Den Haag
In Den Haag, as an injured party, you can make use of the direct claim against the insurer, a statutory right to immediately hold the liable party's liability insurer accountable for compensation. This is ideal for personal injury from traffic accidents on Den Haag roads or incidents in the city, without first having to sue the wrongdoer. The process is faster and provides greater certainty for residents of Den Haag.
What does a direct claim against the insurer mean for Den Haag?
Suppose you are injured in a collision on the bike path along Grote Marktstraat by a motorist. You do not have to chase only that driver; instead, you can directly approach the private liability insurance (AVP) or WA insurer. The direct claim against the insurer ensures that the insurer pays you directly, provided the at-fault party is insured. This avoids issues with a bankrupt or denying counterparty in the area.
This is essential for personal injury in Den Haag, such as neck complaints after a fall on Scheveningen or fractures from slippery sidewalks. The insurer handles liability and damage assessment.
Legal basis
The direct claim against the insurer is provided for in Article 7:961 of the Civil Code (DCC): "The obligation arising from the insurance to compensate damage to a third party may be claimed by that third party from the insurer." This fully applies to AVP policies.
For motor vehicle insurance (WAM), see Article 23 of the Motor Insurance Act (WAM) and Article 185 DCC. Supreme Court rulings, such as ECLI:NL:HR:2003:AF6061, give priority to the injured party. Note: you are limited to the policy coverage and insured sum, not the deductible.
When to use direct claim against insurer in Den Haag?
You can initiate a direct claim against the insurer if:
- There is liability (Art. 6:162 DCC, unlawful act).
- The damage falls under the policy (AVP for household accidents).
- You have policy information via the Central Information Point for Personal Injury Awareness (CIL), police, or The Hague District Court.
For injury, report the damage to the insurer within three years (statute of limitations under Art. 3:307 DCC). If delayed, you can serve a writ via The Hague District Court.
Real cases from Den Haag
Case 1: Cycling accident. Mrs. Jansen collides with Mr. De Vries's car on Fahrenheitstraat and suffers whiplash, with three months of work absence. She goes directly to his WA insurer (De Vries bankrupt). Outcome: €25,000 in pain and suffering and lost wages within a year.
Case 2: Fall in Den Haag garden. Mr. Ahmed trips over a loose tile in a Schilderswijk garden and breaks his hip. Neighbors' AVP covers it; direct claim reimburses hospital and therapy costs plus €15,000 personal injury compensation.
Case 3: Loose dog attack. A dog bites a child in Zuiderpark. Owner's AVP is directly approached; insurer pays for care and scar compensation.
Rights and obligations in direct claims
Rights:
- Direct payment of compensation (material/immaterial).
- Access to policy details.
- No separate statute of limitations (Art. 7:961(2) DCC).
Obligations:
- Prove liability and damage (reports, receipts).
- Cooperate with insurer checks (medical examination).
- No double claims (no own policy).
- Document immediately: photos, witnesses, medical records.
- Report within 24 hours using the claim form.
- Do not accept the first offer; involve a specialist or Legal Aid Desk Den Haag.
- For municipal locations (parks): check Municipality of Den Haag for extra info.
The insurer handles recourse against the wrongdoer; you stay out of it.
Comparison: Direct vs. Wrongdoer in Den Haag
| Aspect | Direct Claim Against Insurer | Claim Against Wrongdoer |
|---|---|---|
| Speed | Fast (professionals handle it) | Slow (individual) |
| Payment Security | High (policy limit) | Low (financial issues) |
| Costs | Low (no bailiff) | High (lawyer, court fees at The Hague District Court) |
| Limitations | Policy coverage only | Full recourse possible |
Frequently Asked Questions Den Haag
Does this apply to business liability?
Yes, for business AVP (Art. 7:961 DCC), including in Den Haag businesses. Request policy from employer or UWV.
What if insurer denies?
Start proceedings at The Hague District Court. Keep correspondence and consult Legal Aid Desk Den Haag or personal injury lawyer (90% success rate).
Faster limitation period for direct claims?
No, five years in parallel (Art. 3:310 DCC).
For medical errors?
Often yes, via professional liability insurance with direct claim.