Direct Action Insurer Leiden: Direct Claim Against Liability Insurer

# 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.