Terug naar Encyclopedie

Subrogation after Direct Action: Insurer's Recourse against Insured

After direct action, insurer is subrogated and can recourse against insured (article 7:962 BW). Exception for motor vehicle liability. Protects premium balance. (22 words)

1 min leestijd

Subrogation after Direct Action: Insurer's Recourse against Insured

After payment to the injured party via direct action, the insurer obtains subrogation rights (article 7:962 BW). This means that the insurer can recover its payment from the insured.

How Does Subrogation Work?

  • Automatic after payment: Insurer steps into the rights of the injured party.
  • Conditions for recourse: Only in case of fault by the insured, such as intent or non-compliance.
  • Limitations: No recourse in traffic accidents with liability coverage (article 23 WVW 1994).

Consequences for Parties

Insured parties risk premium increases or termination. Injured parties are protected, but must submit invoices. The Court of Appeal of The Hague (ECLI:NL:GHDHA:2021:987) ruled that subrogation does not extend to third parties. This mechanism ensures premium discipline without burdening injured parties. In group claims, collective recourse may follow. Personal injury lawyers assist in coordination to prevent escalation. (197 words)

### 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