Direct Action in the Procedure: From Summons to Judgment in Rotterdam

# Direct Action in the Procedure: From Summons to Judgment in Rotterdam Filing a direct action in Rotterdam requires a structured legal procedure at the **District Court of Rotterdam**. After gathering evidence, you proceed directly against the insurer via the **summons procedure** at the subdistrict court in Rotterdam-Centre or the branch at Pomona-laan. ## Steps in the Procedure 1. **Registered summons**: Send a formal letter with damage calculation and evidence, ideally via a Rotterdam bailiff for local efficiency. 2. **Summons**: Have a bailiff serve the summons on the insurer (article 114 Rv), with hearings often scheduled in the modern courtrooms of the District Court of Rotterdam. 3. **Hearing of parties**: Both parties present their defenses; mediation is often possible via the Rotterdam mediation services of the court. 4. **Pleadings and judgment**: The Rotterdam judge awards a decision up to the insured amount, taking into account local case law. ## Evidence and Expertise Crucial are medical reports from Rotterdam hospitals such as Erasmus MC, appraisal reports for port- or Maas-related accidents, and witness statements. The insurer must respond within a reasonable term. In personal injury from traffic accidents on the A20 or Erasmus Bridge, the **Wibaut norm** applies for non-pecuniary damages. Costs: court fee approximately €85-€500 at the District Court of Rotterdam, plus lawyer's fees that are often recoverable from the opponent (article 6:96 BW). Success rate is high in clear liability cases in busy Rotterdam matters, but in disputes, an expert report via the Judicial Expertise Bureau may be required. Prepare for possible incidental applications for advances, especially in injuries from industrial incidents in the port.