Recent Case Law on Direct Action under WAM in Zoetermeer

Recent rulings clarify the application of direct action under the WAM (Motor Vehicle Liability Insurance) policy, particularly relevant for traffic accidents in Zoetermeer and surrounding neighborhoods such as Rokkeveen and Seghwaert. In ECLI:NL:GHAMS:2023:567, the Amsterdam Court of Appeal ruled that direct action also applies in cases involving unidentified hit-and-run drivers on busy Zoetermeer roads like Rokkeveenseweg, provided you hold a valid third-party liability (WA) insurance policy. The District Court of The Hague (ECLI:NL:RBDHA:2022:8901), which has jurisdiction over Zoetermeer, dismissed a claim because the victim reported the incident too late, beyond the three-year limitation period under Article 3:310 of the Dutch Civil Code – a common pitfall in local bicycle accidents. A landmark ruling by the Supreme Court (ECLI:NL:HR:2024:234) confirmed that your insurer cannot seek recourse if the at-fault party is uninsured, except in cases of fraud, such as incidents near the Zoetermeer Stadium. Victims of hit-and-run accidents in Zoetermeer who sustained bodily injuries have successfully claimed full medical expenses in multiple cases, including rehabilitation at local clinics. Important note: in disputes over liability apportionment (e.g., 50/50 on roundabouts), your insurer will pay in full and later recover costs through the Zoetermeer police. This case law demonstrates that thorough documentation is crucial, especially given the stricter traffic enforcement in the region. Victims are advised to request police reports from the local authorities and seek expert assistance via the Legal Counter (Juridisch Loket) in Zoetermeer. Trends indicate stricter evidence requirements but broader acceptance in hit-and-run cases within urban areas like Zoetermeer. Stay informed via case law databases for your claim in this growing city.