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Direct Action Insurer Leiden: Direct Claim Against Liability Insurer

Discover in Leiden your right to direct action against the liability insurer of the damage causer (art. 7:954 BW). Fast payment and bankruptcy protection for victims.

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Direct Action Insurer in Leiden: Direct Claim Against Liability Insurer

In the Leiden region, as an injured party, you can directly address the insurer of the liable party under specific conditions. This is called the direct action and is regulated in article 7:954 of the Dutch Civil Code (BW). It offers victims in Leiden and surrounding areas crucial protection for damage claims.

What Does Direct Action Against the Insurer Mean?

Direct action gives you, as a victim, the right to file a claim with the liability insurer without involving the insured. This way, in Leiden, you can directly address the insurer of a causer, for example after an accident.

This is stated in article 7:954 paragraph 1 BW: The injured party acquires an independent right to payment from the insurer up to the insured sum. Your claim is independent of the position of the insured.

Advantages of Direct Action in Leiden

  • Better payment security: Insurers are financially stronger than individuals
  • Faster procedure: No delay due to the causer
  • Bankruptcy protection: Your claim remains intact in the event of bankruptcy of the insured
  • Local negotiation: Direct contact with the insurer, possibly with help from the Juridisch Loket Leiden (Stationsweg 46)

Legal Basis: Article 7:954 BW

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

Paragraph 2: Insurer may use the same defenses as against the insured, except in case of non-compliance by the insured.

Paragraph 3: In the event of bankruptcy or suspension of payment of the insured, you can claim separately from the insurer.

Applicable Insurances

  • Motor third-party liability (WA-auto) (mandatory for vehicles)
  • Business liability (AVB)
  • Professional liability
  • Private liability (AVP)
  • Product liability

Conditions for Direct Action in Leiden

1. Liability of the Insured

Proof required of tort (art. 6:162 BW), contractual or strict liability. You can litigate at the District Court of The Hague, Leiden Location.

2. Valid Policy

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

3. Coverage Check

Check limits, deductible and conditions.

Examples of Direct Action around Leiden

Traffic Accident

Hit by a red light on Stationsweg in Leiden? Claim directly with the motor third-party liability insurer for whiplash and car damage.

Workplace Accident

Water damage caused by a plumber? Address the AVB insurer, not the company.

Professional Error

Lawyer error with financial damage? Go directly to the professional liability insurer, even in bankruptcy.

Product Defect

Damage from a defective product? Claim from the manufacturer's insurer, regardless of solvency.

Local Assistance: Visit Juridisch Loket Leiden, Stationsweg 46, or file at the District Court of The Hague, Leiden Location.

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