Direct action under the WAM protects your no-claim discount in Leiden for accidents not caused by you, such as on Breestraat. Recourse via Article 28 WMV keeps premiums stable.
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Arslan AdvocatenLegal Editorial
1 min leestijd
In Leiden, your no-claim discount remains protected under direct action pursuant to the WAM (Motor Vehicle Liability Insurance Act). Article 28 of the WMV (Road Traffic Act) obliges insurers to seek recourse from the liable party, for instance after a collision on the busy Breestraat or around Pieter van der Werfpark. This ensures your premium does not increase following an accident that was not your fault. You will only be required to pay the excess (€150-€500).
Prove liability with a police report from the Leiden police or a report from a regional expert bureau to avoid disputes. In cases of shared liability (50/50), such as at intersections near Leiden University, the impact on your no-claim discount is halved.
Local insurers such as ANWB and Univé, with offices in Leiden, guarantee this protection in their policies. Case law (ECLI:NL:GHDHA:2023:321) confirms that victims must not be disadvantaged, which is particularly relevant for bicycle accidents in Leiden.
Review your policy terms, retain all correspondence with the insurer, and in case of an incorrect surcharge, reclaim via the Disputes Committee. This encourages reporting accidents on Leiden’s roads without financial risk, especially given the high number of students and cyclists.