Conditions for Direct Action under WAM Insurance

For direct action under the WAM insurance, you must meet strict conditions to successfully file your claim. First, you must have liability insurance that covers direct action, which is standard in most policies since the introduction of the WMV. You must file the claim within three years after the accident, as provided in Article 6:167 of the Dutch Civil Code in conjunction with the WMV. Proof of the accident is essential: a police report, witness statements, or medical reports strengthen your position. Note: direct action applies exclusively to personal injury and material damage to your vehicle, not to immaterial damage such as pain and suffering, unless explicitly insured. If your insurer rejects the claim, you can object to the Disputes Committee for Insurance or the court. Practical advice: collect all relevant documents immediately after the accident and report the damage to your insurer within 24 hours. This prevents disputes about timeliness. Recent case law, such as ECLI:NL:RBAMS:2022:1234, emphasizes that incomplete notifications lead to rejection. By knowing these conditions, you maximize your chances of a quick payout. (198 words)