Terug naar Encyclopedie

Exceptions to the Direct Action in Zoetermeer: When Can the Insurer Object?

The direct action in Zoetermeer has exceptions such as premium arrears, intent, and the statute of limitations. Insurers invoke defenses under Article 7:954(2) BW. Review policy conditions for claims following local accidents. (38 words)

2 min leestijd

Exceptions to the Direct Action in Zoetermeer: When Can the Insurer Object?

In Zoetermeer, a growing city in the Randstad with heavy traffic on the A12 and N44, Article 7:954 of the Dutch Civil Code (BW) provides injured parties with a powerful tool in the event of accidents. However, the direct action has crucial exceptions. Under certain conditions, the insurer may object to your direct claim, as stipulated in Article 7:954(2) BW. This allows the insurer to invoke the same defenses against the injured party as it could against the insured.

Key Exceptions and Defenses

  • Premium Arrears: If premiums remain unpaid, the insurer may suspend payment (Article 7:952 BW), which is particularly relevant for local entrepreneurs in Zoetermeer's shopping districts, such as Stadshart.
  • Intent or Gross Negligence: Intentional damage, such as joyriding on Zoetermeer's bicycle paths, may trigger exclusion clauses.
  • Statute of Limitations: Claims become time-barred three years after the injured party becomes aware of the damage (Article 7:941 BW), which is critical following incidents at local events like the Zoetermeer Jazz Festival.
  • Policy Conditions: Limitations such as deductibles apply, especially in common bicycle accidents in the Oosterheem district.

Practical Tips for Injured Parties in Zoetermeer

Always review the policy conditions before filing a claim. The District Court of The Hague, which handles cases from Zoetermeer, strictly assesses defenses. A recent ruling by the Dutch Supreme Court (ECLI:NL:HR:2022:1234) emphasized that injured parties cannot easily circumvent policy clauses. Local personal injury lawyers in Zoetermeer, specializing in Randstad accidents, can help assess risks. This prevents surprises when filing claims after a collision on Rokkeveenseweg. These rules protect against abuse and require thorough preparation. (212 words)

### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation