Direct Action Insurer Westland: Direct Claim Against Liability Insurer

# Direct Action Insurer in Westland: Direct Claim Against Liability Insurer In Westland, 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 regulated in Article 7:954 of the Dutch Civil Code (DCC). It provides essential protection for victims in regions such as Westland in damage claims. ## What Does Direct Action Against the Insurer Mean? Direct action enables you to file a claim directly with the liability insurer of the causer, without involving the insured. This way, as a victim from Westland, you can directly approach the insurer of the guilty party. This is based on **Article 7:954 paragraph 1 DCC**: The injured party obtains an independent right to payment from the insurer, limited to the insured sum. This claim right is independent of the position of the insured. ### Benefits of Direct Action in Westland - **High payment security**: Insurers have more resources than individuals or local businesses in Westland - **Accelerated procedure**: No waiting time for payment via the causer - **Bankruptcy protection**: Your claim remains intact in the event of bankruptcy of the insured - **Simple contact**: Direct discussions with the insurer about your damage ## Legal Basis: Article 7:954 DCC **Paragraph 1**: Independent right to payment up to the insured sum. **Paragraph 2**: The insurer may use the same defenses as against the insured, except in case of non-compliance by the insured. **Paragraph 3**: In the event of bankruptcy or suspension of payment of the insured, you can continue the claim against the insurer (separatism). ### Scope of Application in Westland Applies to: - **Motor third-party liability insurance** - **Business liability (AVB)** - **Professional liability** - **Private liability (AVP)** - **Product liability** ## Conditions for Direct Action ### 1. Liability of the Insured Proof: - Tort (Article 6:162 DCC) - Contractual or statutory liability ### 2. Active Insurance - Policy valid at the time of damage - Damage covered - Premiums paid, no exclusions ### 3. Policy Coverage Check limits, deductible, and conditions. ## Examples of Direct Action in Westland ### Traffic Accident Hit in Westland by running a red light: claim directly with motor third-party liability insurer for whiplash and total loss. ### Business Damage Plumber damages pipe in your Westland home: address the AVB insurer. ### Professional Error Lawyer from Westland makes mistake: claim with professional liability insurer, even in bankruptcy. ### Product Defect Damage from factory product: direct claim against insurer, regardless of manufacturer's solvency. **Court**: District Court of The Hague (district Westland) **Help**: Legal Aid Office Westland Contact us for advice on your situation in Westland.