Recourse concerns the right of an insurer or other entity to recover compensated damage from the party responsible for the damage. This is essential within personal injury law in Rijswijk and surrounding areas.
What does recourse entail?
Recourse, also referred to as recovery, means that a party that has paid out damage attempts to recover these costs from the party that caused the damage or its insurer.
Practical examples
| Party seeking recovery | Recovers from | Type of costs |
|---|---|---|
| Health insurer | Responsible party/insurer | Healthcare costs |
| Employer | Responsible party/insurer | Paid salary |
| UWV | Responsible party/insurer | Benefit costs (WIA, ZW) |
| Pension fund/ABP | Responsible party/insurer | Pension for occupational disability |
| Municipality | Responsible party/insurer | Social assistance |
Legal basis
The right of recourse is laid down in various Dutch laws and regulations.
Relevant laws
- Art. 6:107a DCC: Recovery of wage costs by employers
- Art. 7:962 DCC: Right of subrogation in insurance
- Art. 83b Health Insurance Act: Recovery by health insurers
- Art. 99 WIA: Right of recourse of the UWV
Impact on victims in Rijswijk
Recourse significantly affects the position of victims in personal injury cases.
No double recovery
If an insurer or entity has already compensated damage, the victim cannot claim it again from the liable party, to prevent double compensation.
Effects in practice
- Lower direct claim (net damage amount)
- Recourse parties are involved in the settlement
- Settlements become more complicated
- Coordination between victim and recourse parties is necessary
Limitations of recourse: Civil ceiling
Parties exercising recourse cannot claim more than the victim itself could have demanded.
Limits on recourse
| Limitation | Explanation |
|---|---|
| Civil maximum | At most the amount that the victim could claim |
| Own fault rule | Reduction of recourse in case of victim's own fault |
| Non-recoverable items | Only actually compensated costs qualify |
WNPV agreement
A covenant between employers and insurers regulates the handling of recourse claims in a streamlined manner.
Key points of the covenant
- Fixed amounts for recourse claims
- Simpler process
- Less burden of proof required
- Faster handling of cases
Recourse in traffic accidents
In Rijswijk and surrounding areas, recourse is often relevant in traffic accidents.
Typical cases
Commuting accidents
In accidents during commuting, an employer can recover wage costs from the WAM insurer of the liable party.
Healthcare costs
Health insurers recover incurred costs from the insurer of the causer.
Benefit costs
The UWV can recover WIA benefits from the liable party.
Advice for victims in Rijswijk
- Report accidents to all involved insurers and entities
- Take recourse parties into account during settlement negotiations
- Coordinate with recourse seekers to avoid harming your case
- Be aware that your net claim may be lower than the total damage
- Consider legal assistance for complicated recourse issues, for example via the Juridisch Loket Rijswijk
Advice for employers in Rijswijk
- Keep accurate records of when absence due to accidents occurs
- Submit recourse claims on time to the insurer of the liable party
- Make use of the WNPV covenant for swift handling
- Consider insurance against risks of recourse claims
Frequently asked questions about recourse
What is recourse? The recovery of damage from the causer.
Who can exercise recourse? Among others, insurers and employers.
What happens to my claim? It remains, but may be lower net.
Does recourse delay my case? That can happen.
Do I have to cooperate? Yes, cooperation is often necessary.
Summary
Recourse revolves around recovering costs from the liable party.
Key points
- Recovery of costs
- Own claim remains possible