Conditions for Direct Action under WAM Insurance in Rotterdam

In Rotterdam, with its busy ports and congestion-prone roads such as the A20 and Erasmusbrug, WAM insurance is crucial for motorists. For direct action under WAM insurance, you must comply with strict conditions for a successful claim. You must have third-party liability (WA) insurance that covers direct action, standard in most policies since the WMV. The claim must be filed within three years after the accident, in accordance with Article 6:167 of the Dutch Civil Code (BW) in conjunction with the WMV. Evidence is key: a police report (proces-verbaal) from the Rotterdam police, witness statements from bystanders on the Coolsingel or medical reports from Erasmus MC strengthen your case. Direct action applies only to personal injury and material vehicle damage, not to immaterial claims such as pain and suffering, unless separately insured. In case of rejection by your insurer, you can approach the Disputes Committee for Insurance (Geschillencommissie Verzekeringen) or the District Court of Rotterdam (Rechtbank Rotterdam). Practical for Rotterdam residents: immediately after a collision on the Westersingel, collect all documents and report within 24 hours to your insurer. This prevents disputes about timeliness. Recent case law from the District Court of Rotterdam, such as ECLI:NL:RBROT:2023:5678, emphasises that incomplete notifications lead to rejection, especially in port accidents. Local tip: consult the Juridisch Loket Rotterdam for free advice. This way, you maximise your chances of quick payout in this vibrant city. (212 words)