Direct Action Motor Vehicle Liability Insurance in Rotterdam: Rights After Car Accident
In Rotterdam, with its busy roads and port area, many car accidents occur. As a victim, you can directly claim from your **motor vehicle liability insurance** (Wettelijke Aansprakelijkheid Motorrijtuigen, WAM) via **direct action**. You do not need to wait for the liable party's insurer. Discover how this works in Rotterdam, the steps, and local resources.
What Does Direct Action Entail for Motor Vehicle Liability Insurance in Rotterdam?
Direct action allows you as a victim in Rotterdam to claim directly from your own **WAM insurer**. Normally, you claim from the counterparty, but here your insurer handles the payment and recovers it later. Convenient for unknown or elusive liable parties, often seen in the Rotterdam port or on the A13.
Regulated in the **Motor Vehicle Insurance Act (Wet motorrijtuigenverzekering, WMV)** for quick assistance to victims.
Legal Basis
Laid down in:
- Article 6:167 **Civil Code (Burgerlijk Wetboek, BW)** – Liability rules.
- Article 6:200 **BW** – Motor vehicle specific.
- **Motor Vehicle Insurance Act (WMV)** – WAM rules.
For Whom in Rotterdam?
Applies to:
- Victims with injury or damage in Rotterdam accidents.
- Passengers and other vehicles.
- Cyclists and pedestrians on Rotterdam streets.
Step-by-Step Plan for Direct Action in Rotterdam
Follow these steps after an accident in Rotterdam:
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Report the incident:
- Immediately involve the police in case of injury or damage.
- Fill out the European accident report form.
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Contact WAM insurer:
- Report within 7 days and request direct action.
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Gather evidence:
- Photos of damage at Rotterdam locations.
- Witnesses and police report.
- Medical documents in case of injury.
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Submit claim:
- Complete the insurer's damage form.
- Specify damage amount (repair, pain and suffering compensation).
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Receive payout:
- Insurer pays out and recovers from the liable party.
Time Limits in Rotterdam
Take into account:
- 7 days: Quick reporting to insurer.
- 3 years: Claim deadline (art. 3:310 BW).
Help in Rotterdam
- District Court Rotterdam: Wilhelminaplein 100-125 – For disputes.
- Juridisch Loket Rotterdam: Westblaak 180 – Free advice on WAM and direct action.
Frequently Asked Questions on Direct Action in Rotterdam
Does direct action work for hit-and-run in Rotterdam? Yes, ideal for unknown vehicles in the city.
What if the insurer refuses? Contact Juridisch Loket Rotterdam (Westblaak 180) or District Court Rotterdam (Wilhelminaplein 100-125).