Terug naar Encyclopedie

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

After direct action, insurer is subrogated and may recourse against insured in Rijswijk (Article 7:962 DCC). Exception for motor vehicle liability insurance. Protects local premium balance. Court of Appeal The Hague relevant. (28 words)

2 min leestijd

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

In Rijswijk, a vibrant municipality near The Hague, subrogation plays a crucial role in traffic accidents on local roads such as the A4 or N442. After payment to the injured party via direct action, the insurer acquires subrogation rights (Article 7:962 DCC). This gives the insurer the right to recover the payout from the insured.

How Does Subrogation Work in Rijswijk?

  • Automatic after payout: The insurer steps into the rights of the injured party, for example after a collision near the Rijswijk Stadium.
  • Conditions for recourse: Recourse is possible in case of fault by the insured, such as intent, reckless driving behaviour or ignoring local traffic rules in neighbourhoods such as Innen or Oud-Rijswijk.
  • Limitations: No recourse in traffic accidents with motor vehicle liability coverage (Article 23 Road Traffic Act 1994), which is common in busy Rijswijk traffic.

Consequences for Parties in Rijswijk

Local insureds in Rijswijk risk premium increases or policy cancellations, especially in repeated incidents on cycle paths around the Plein. Injured parties remain protected and do not need to submit additional invoices. The Court of Appeal The Hague (ECLI:NL:GHDHA:2021:987), competent for Rijswijk, ruled that subrogation does not extend to third parties, such as in claims after accidents near Rijswijk station. This mechanism maintains premium discipline in the Haaglanden region without additionally burdening injured parties. In group claims in Rijswijk, for example after pile-ups, collective recourse may follow. Local personal injury lawyers in Rijswijk assist in negotiations to avoid escalation and adapt to The Hague case law.