Subrogation after Direct Action: Insurer's Recourse against Insured in Rotterdam

# Subrogation after Direct Action: Insurer's Recourse against Insured in Rotterdam In the bustling port city of Rotterdam, where traffic congestion and logistical risks are high, the insurer acquires subrogation rights (article 7:962 BW) after payment to the injured party via direct action. This right enables the insurer to recover the payout from the insured, particularly relevant in local incidents on the A20 or Erasmusbrug. ## How Does Subrogation Work in Rotterdam Practice? - **Automatically after payout**: The insurer steps into the rights of the injured party, for example after a collision in the Rotterdam port. - **Conditions for recourse**: Recourse is possible in cases of fault by the insured, such as intent, reckless driving behaviour or non-compliance with local traffic rules. - **Limitations**: No recourse in traffic accidents with motor vehicle liability coverage (article 23 WVW 1994), crucial for Rotterdam truck drivers. ## Consequences for Rotterdam Parties Local insureds in Rotterdam risk premium increases or policy cancellations, especially with repeated claims from the Maasstad. Injured parties, often port workers or cyclists, are protected but must submit invoices and evidence to the Rechtbank Rotterdam. The Hof Den Haag (ECLI:NL:GHDHA:2021:987) ruled that subrogation does not extend to third parties, a precedent also applied in Rotterdam cases. This mechanism maintains premium discipline in the region without additionally burdening injured parties. In group claims, such as after busy events on the Coolsingel, collective recourse may follow. Rotterdam personal injury lawyers, specialised in port and traffic damage, advise on coordination to prevent escalation and maintain harmony in the Delta city. (248 words)