Terug naar Encyclopedie
Letselschade

Direct Action Insurer Rijswijk: Direct Claim against Liability Insurer

Discover your right to direct action against the insurer in Rijswijk: claim damage directly via Article 7:954 BW. Benefits, conditions and examples for WA, AVB and more.

3 min leestijd

Direct Action against Insurer in Rijswijk: Direct Claim against Liability Insurer

In Rijswijk and surrounding areas, as an injured party, you have the right under specific conditions to directly address 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 (BW). It optimally protects victims in damage claims.

What Does Direct Action against Insurer Mean?

The direct action allows you as a victim to file a claim directly with the liability insurer of the wrongdoer, without involving the insured. This way, you do not only target the guilty party, but immediately their insurer.

According to Article 7:954 paragraph 1 BW, the injured party obtains an independent right to payment up to the insured sum. This is independent of the position of the insured.

Advantages of Direct Action in Rijswijk

  • Solid payment: Insurers have greater financial resources than individuals or small businesses in Rijswijk
  • Swift procedure: No waiting time for payment via the wrongdoer
  • Bankruptcy protection: Your claim remains intact in the event of bankruptcy of the insured
  • Simple contact: Negotiate directly with the insurer about your damage

Legal Basis: Article 7:954 BW

Paragraph 1: Own right to payment up to the insured sum.

Paragraph 2: The insurer may use the same defences as against the insured, except in case of non-compliance with premium or policy conditions by the insured.

Paragraph 3: In the event of bankruptcy or suspension of payments of the insured, you can submit your claim separately to the insurer.

Scope of Application

Valid for:

  • Motor third-party liability insurance (WA)
  • Business liability (AVB)
  • Professional liability
  • Private liability insurance (AVP)
  • Product liability

Conditions for Direct Action in Rijswijk

1. Liability of the Insured

Proof:

  • Tort (Article 6:162 BW)
  • Contractual or statutory liability

2. Active Insurance

  • Policy valid during the incident
  • Damage covered
  • Premiums paid, no exclusions

3. Policy Coverage

Check limits, deductible, exclusions and territory.

Examples of Direct Action in Rijswijk

Traffic Accident in Rijswijk

Hit by a red light on N442? Claim directly with the WA insurer for whiplash and total loss.

Business Damage

Plumber damages pipe in Rijswijk home? Address the AVB insurer.

Professional Error

Lawyer in Rijswijk fails? Claim with the professional liability insurer, even in bankruptcy.

Product Defect

Damage from factory product? Direct claim possible despite manufacturer's insolvency.

Court: District Court of The Hague (district Rijswijk)
Help: Juridisch Loket Rijswijk

Consider legal advice for your specific situation in Rijswijk.

### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation