Direct Action Insurer Zoetermeer: Direct Claim against Liability Insurer

# Direct Action Insurer in Zoetermeer: Direct Claim against Liability Insurer In Zoetermeer and surrounding areas, as an injured party you have the right under specific conditions to directly address the insurer of the liable party. This is called the **direct action** and is provided for in **Article 7:954 of the Dutch Civil Code (DCC)**. It optimally protects victims in damage claims. ## What Does Direct Action against the Insurer Mean? The direct action gives you as a victim the opportunity to file a claim directly with the liability insurer of the tortfeasor, without involving the insured. This way, you do not have to address only the guilty party, but can go straight to the insurer. According to **Article 7:954 paragraph 1 DCC**, the injured party obtains an independent right to payment up to the insured sum. This is separate from the position of the insured. ### Advantages of Direct Action in Zoetermeer - **Guarantee of payment**: Insurers are financially stronger than individuals or small businesses in Zoetermeer - **Swift procedure**: No waiting time for the tortfeasor - **Bankruptcy protection**: Your claim remains intact in the event of bankruptcy of the insured - **Simple contact**: Negotiate directly with the insurer ## Legal Basis: Article 7:954 DCC This provision forms the basis for direct actions at the **District Court of The Hague** (district Zoetermeer): **Paragraph 1**: Independent right to payment up to the insured sum. **Paragraph 2**: The insurer may use the same defences as against the insured, except in case of non-compliance by the insured. **Paragraph 3**: In the event of bankruptcy or suspension of payments of the insured, you can enforce the claim against the insurer (separatism). ### Applicable Insurances - **Motor third-party liability insurance** - **Business general third-party liability** - **Professional liability** - **Private third-party liability** - **Product liability** ## Conditions for Successful Direct Action ### 1. Liability of the Insured Proof required of: - Tort (**Article 6:162 DCC**) - Contractual or statutory liability ### 2. Valid Insurance - Policy active during the incident - Damage covered - Premiums paid - No exclusions ### 3. Policy Coverage Check limits, deductibles and conditions. ## Examples of Direct Action in Zoetermeer ### Traffic Accident Hit in Zoetermeer by running a red light: claim whiplash and total loss directly from motor third-party liability insurer. ### Business Damage Plumber damages pipe in your Zoetermeer home: address the business third-party liability insurer. ### Professional Error Lawyer's mistake leads to lost case: claim from professional liability insurer, even in bankruptcy. ### Product Defect Damage from factory product: direct claim against the insurer, regardless of the manufacturer's solvency. **Advice**: Contact **Legal Aid Office Zoetermeer** for free assistance or initiate proceedings at **District Court of The Hague**.