Direct Action Insurer Rotterdam: Direct Claim Against Liability Insurer

# Direct Action Insurer Rotterdam: Direct Claim Against Liability Insurer In Rotterdam and surrounding areas, as an injured party, you have the right under specific conditions to directly approach the insurer of the liable party. This is called the **direct action** and is provided for in **Article 7:954 of the Dutch Civil Code (DCC)**. It optimally protects victims, especially in a bustling city like Rotterdam with heavy traffic and business activities. ## What Does Direct Action Against the Insurer Mean? Direct action allows you as a victim to file a claim directly with the liability insurer of the perpetrator, without involving the insured. This way, you target not only the causer, but immediately the insurer with the financial resources. **Article 7:954 paragraph 1 DCC**: The injured party obtains an independent right to payment from the insurer, limited to the insured sum. This right is standalone. ### Benefits of Direct Action in Rotterdam - **Guarantee of payment**: Insurers are financially stronger than individuals or local businesses in Rotterdam - **Faster procedure**: No delays due to the liable party - **Bankruptcy protection**: Your claim remains valid in the event of the insured's bankruptcy - **Efficient negotiations**: Direct contact with the insurer, ideal for Rotterdam residents ## Legal Basis: Article 7:954 DCC **Paragraph 1**: Independent right to payment up to the insured sum. **Paragraph 2**: The insurer may use the same defenses as against the insured, except in cases of the insurer's own breach of obligations. **Paragraph 3**: In the event of bankruptcy or suspension of payments of the insured, you can submit the claim separately. ### Applicable Insurances - **Motor third-party liability (WA-auto)**: Mandatory for vehicles in Rotterdam - **Business general third-party liability (Bedrijfs-AVB)**: For local entrepreneurs - **Professional liability**: E.g., for lawyers or plumbers - **Private third-party liability (Particuliere AVP)** - **Product liability** ## Conditions for Direct Action ### 1. Liability of the Insured Proof required of tort (**art. 6:162 DCC**), contractual or strict liability. ### 2. Active Policy - Policy valid at the time of damage - Damage covered - Premiums paid, no exclusions ### 3. Coverage Check Check limits, deductible, exclusions, and territory (relevant for Rotterdam cases). ## Rotterdam Examples ### Traffic Accident on the Erasmus Bridge Hit by red light, whiplash and car totaled. Claim directly with motor third-party liability insurer. ### Water Damage by Plumber in Kralingen Pipe broken during job. Approach the business third-party liability insurer, not the company. ### Lawyer's Error in Rotterdam Center Lost case due to professional error. Claim against professional liability insurer, even in bankruptcy. ### Defective Product from Rotterdam Manufacturer Damage due to factory defect. Direct action against product insurance, regardless of solvency. ## Local Assistance in Rotterdam **District Court Rotterdam**: Wilhelminaplein 100-125 – for proceedings. **Legal Counter Rotterdam**: Westblaak 180 – free advice for injured parties. Need help? Contact us for personal guidance on your direct action.