Recourse concerns the right of an insurer or other entity to recover compensated damage from the responsible party. This is essential within personal injury law in Leiden and surrounding areas.
What does recourse entail?
Recourse, also known as recovery, means that a party that has paid out damage attempts to recover it from the person or entity that caused the damage.
Practical examples
| Party seeking recovery | Recovers from | Type of costs |
|---|---|---|
| Health insurer | Guilty party/insurer | Treatment costs |
| Employer | Guilty party/insurer | Paid salary |
| UWV | Guilty party/insurer | Paid benefits (WIA, ZW) |
| Pension fund/ABP | Guilty party/insurer | Pension for occupational disability |
| Municipality | Guilty party/insurer | Social benefits |
Legal basis
The right of recourse is laid down in various Dutch statutes.
Relevant statutory provisions
- Art. 6:107a BW: recovery of wage costs by employer
- Art. 7:962 BW: subrogation right in insurance
- Art. 83b Health Insurance Act: recovery by health insurers
- Art. 99 WIA: recourse by UWV
Impact on victims in Leiden
Recourse affects the situation of victims in multiple ways.
No double compensation
Damage that has already been compensated by an insurer or entity cannot be claimed again from the liable party, to prevent double payment.
Effects in practice
- Your own claim may be lower (net damage)
- Parties exercising recourse play a role in the settlement
- Settlements become more complicated due to additional parties
- Consultation with recourse parties is often necessary
Maximum reimbursement (civil ceiling)
Parties exercising recourse cannot claim more than the victim could have claimed themselves.
Limitations on recovery
| Limitation | Explanation |
|---|---|
| Civil ceiling | Maximum is equal to what the victim could claim |
| Contributory negligence | Fault apportionment also applies to recourse claims |
| Non-recoverable items | Only actually paid damage can be recovered |
WNPV Covenant
An agreement between employers and insurers regulates a smooth handling of recourse cases.
Features of the covenant
- Fixed amounts for recourse claims
- Simplified procedures
- Less need for extensive evidence
- Faster settlement of cases
Recourse in traffic accidents
In Leiden and surrounding areas, recourse often occurs in traffic accidents.
Typical situations
Commuting accidents
In an accident during commuting, an employer can recover the paid wages from the liable party or their Motor Vehicle Liability Insurance (WAM) insurer.
Healthcare costs
Health insurers recover treatment costs from the WAM insurer of the guilty party.
Benefits for occupational disability
The UWV can recover WIA benefits from the responsible party.
Advice for victims in Leiden
- Report accidents to all involved insurers and entities
- Take recourse parties into account during negotiations
- Coordinate with recourse parties to avoid harming your case
- Be aware that your net payout may be lower than the total damage
- Seek legal support for complicated recourse issues via, for example, the Juridisch Loket Leiden, Stationsweg 46
Advice for employers in the Leiden region
- Keep accurate records of when absence due to accidents occurs
- Submit recourse claims on time to the liable party's insurer
- Make use of the WNPV covenant for efficient handling
- Consider insurance against recourse risks
Contact and support in Leiden
For legal questions about recourse, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases relating to recourse and personal injury.
Frequently asked questions about recourse
What does recourse mean?Recovering damage from the causer. Who can exercise recourse?
Among others, insurers and employers. What happens to my claim?
Your claim remains, but may be lower net. Does recourse delay my case?
That is possible due to additional parties involved. Do I have to cooperate with recourse?
Yes, cooperation is often necessary.
Summary
Recourse is the right to recover damage from the causer.
Key points
- Recovery of damage
- Your claim remains possible, but may be lower