Recourse, also known as recovery, is the right of an insurer, employer or agency to reclaim paid damages from the person responsible for the damage. This is an important topic within personal injury law in Zoetermeer.
What does recourse entail?
Recourse means that a party that has paid damages attempts to recover these costs from the liable party or their insurer.
Practical examples
| Recourse party | Recovers from | Type of costs |
|---|---|---|
| Health insurer | Liable party/insurer | Healthcare costs |
| Employer | Liable party/insurer | Paid salary |
| UWV | Liable party/insurer | Benefit costs (WIA, ZW) |
| Pension fund (e.g. ABP) | Liable party/insurer | Disability benefit |
| Municipality of Zoetermeer | Liable party/insurer | Social assistance |
Legal basis
The right of recourse is laid down in various Dutch laws and regulations.
Relevant legislation
- Article 6:107a DCC: recovery of wage costs by employers
- Article 7:962 DCC: right of subrogation in insurance
- Article 83b Health Insurance Act: right of recourse for health insurers
- Article 99 WIA: recovery by the UWV
Impact on victims in Zoetermeer
Recourse has direct consequences for the position of victims in personal injury cases.
No double recovery
If an insurer or agency has already compensated damage, the victim cannot claim it again from the liable party, to prevent double compensation.
Effects in practice
- The victim's own claim is lower (net damage)
- Recourse claimants are involved in the settlement of the damage
- Settlements become more complicated due to multiple parties
- Coordination between victim and recourse claimants is essential
Limitations of recourse: Civil ceiling
Recourse claimants may not claim more than the victim could have claimed themselves.
Limits on recovery
| Limitation | Explanation |
|---|---|
| Civil ceiling | Maximum is equal to the victim's claim |
| Own fault rule | Reduction of recourse in case of victim's own fault |
| Non-recoverable costs | Only actually paid amounts are recoverable |
The WNPV covenant
There is an agreement between employers and insurers to streamline recourse procedures.
Key points of the covenant
- Standardised recourse amounts
- Simpler handling of claims
- Less burden of proof for parties
- Faster resolution of cases
Recourse in accidents in Zoetermeer
In the case of traffic accidents, recourse often plays a major role.
Typical situations
Commuting accidents
In an accident during commuting, an employer in Zoetermeer can recover wage costs from the WAM insurer of the liable party.
Healthcare costs
Health insurers recover treatment costs from the insurer of the at-fault party.
Benefit costs
The UWV can recover WIA benefits from the liable party.
Advice for victims in Zoetermeer
- Inform all involved insurers and agencies of the accident
- Take recourse parties into account during negotiations on settlements
- Coordinate well with recourse claimants to avoid harming your case
- Be aware that your net claim will be lower than the total damage
- Consider legal assistance via the Juridisch Loket Zoetermeer for complicated recourse issues
Advice for employers in Zoetermeer
- Document accident-related absenteeism accurately
- Submit recourse claims quickly to the insurer of the liable party
- Make use of the WNPV covenant for efficient handling
- Consider insurance against recourse risks
Frequently asked questions
What is recourse? Recovering damage from the at-fault party.
Who can exercise recourse? Think of insurers, employers or agencies such as the UWV.
Does this affect my claim? Your own claim remains, but may be lower net.
Does recourse delay my case? This can happen due to extra parties.
Do I have to cooperate? Yes, coordination is important.
Summary
Recourse is the right to recover damage from the at-fault party.
Key points
- Recovery of damage
- Your claim remains possible, but is affected