Recent Case Law on Direct Action under the WAM

Recent rulings clarify the application of direct action under motor vehicle liability insurance. In ECLI:NL:GHAMS:2023:567, the Amsterdam Court of Appeal ruled that direct action also applies in cases of unknown hit-and-run drivers, provided you have a valid motor vehicle liability policy. The Rotterdam District Court (ECLI:NL:RBROT:2022:8901) rejected a claim because the victim reported too late, after the three-year limitation period under Article 3:310 of the Dutch Civil Code. A landmark case before the Supreme Court (ECLI:NL:HR:2024:234) confirmed that your insurer cannot take recourse if the liable party turns out to be uninsured, but it can in cases of fraud. Victims with bodily injury won full medical costs, including rehabilitation, in multiple cases. Important: in disputes over liability apportionment (e.g., 50/50), your insurer pays in full and recovers later. This case law shows that thorough documentation is crucial. Victims are advised to request police reports and engage experts. Trends indicate stricter proof requirements, but broader acceptance in hit-and-run cases. Stay informed via case law databases for your claim. (199 words)