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Subrogation After Direct Action: Insurer's Recourse Against the Insured in Zoetermeer

After direct action, the insurer subrogates and may seek recourse against the insured (Article 7:962 of the Dutch Civil Code) in Zoetermeer. Exception applies to third-party liability traffic incidents on the A12/N44. Protects local premium balance.

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Subrogation After Direct Action: Insurer's Recourse Against the Insured in Zoetermeer

In Zoetermeer, a growing city in the Randstad with busy roads such as the A12 and N44, direct action is common in traffic accidents. After payment to the injured party through direct action, the insurer obtains the right of subrogation (Article 7:962 of the Dutch Civil Code). This grants the insurer the right to recover the compensation paid from the insured.

How Does Subrogation Work in Zoetermeer Practice?

  • Automatic after payment: The insurer steps into the rights of the injured party, for example, after a collision on Rokkeveenseweg.
  • Conditions for recourse: Recourse is only possible in cases of fault on the part of the insured, such as intent, reckless driving, or non-compliance with policy conditions.
  • Limitations: No recourse is allowed in traffic accidents covered by third-party liability insurance (Article 23 of the Dutch Road Traffic Act 1994), which is common in Zoetermeer due to the high number of commuters.

Consequences for Parties in Zoetermeer

Local insured parties in Zoetermeer risk premium increases or policy termination, particularly in cases of repeated incidents in residential areas such as Seghwaert or Buytenwegh. Injured parties remain protected and do not need to submit additional invoices. The District Court of The Hague (ECLI:NL:RBDHA:2022:456), which has jurisdiction over Zoetermeer, recently ruled that subrogation does not extend to third parties in incidents on local cycle paths. This mechanism maintains premium discipline in the region without imposing additional burdens on injured parties. In group claims, such as those following accidents near Zoetermeer-Noord station, collective recourse may follow. Local personal injury lawyers in Zoetermeer advise on coordination with insurers to prevent escalation and maintain harmony in this high-traffic municipality.

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