Subrogation after direct action in Rotterdam: what happens next?
After direct action in Rotterdam follows subrogation: your insurer recovers from the liable party, even in port accidents. Discover how this works for your no-claim protection. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, with its busy ports and highways such as the A15 and Beneluxtunnel, subrogation follows a direct action in a traffic accident: your WAM insurer takes over your rights to recover the damage from the liable party. This is laid down in Article 6:10 of the Dutch Civil Code (BW) and Article 22 of the Motor Vehicle Liability Insurance Act (WMV). Your insurer initiates a recourse procedure against the counterparty or their insurer, often without you as a Rotterdam resident needing to be involved. You receive 100% compensation minus your deductible, and your no-claim discount is preserved if the other party is at fault. In cases of shared liability, for example in a collision on the Erasmus Bridge, this is handled pro rata. In practice, Rotterdam insurers exchange data via the Central Bureau for Damage Compensation Arrangements (CBS). If the liable party is uninsured, such as in a scooter accident in the city, the Motor Vehicle Liability Insurance Fund pays out. You do not need to take any steps yourself, but cooperate with requests for information, such as dashcam footage from the Kralingse Plas. Advantages: rapid assistance for Rotterdam victims, costs at the liable party. Disadvantages: possible delay in no-claim restoration due to port traffic-related claims. Recent developments, such as digital portals at local insurance offices in Rotterdam-South, accelerate subrogation. Victims rarely experience issues, but in disputes you can contact the Insurance Ombudsman or the Legal Aid Office in Rotterdam for free advice. (218 words)