Recent Case Law on Direct Action WAM in Westland

Recent rulings clarify the application of direct action under motor vehicle liability insurance, particularly relevant for traffic accidents in Westland. In ECLI:NL:GHAMS:2023:567, the Amsterdam Court of Appeal ruled that direct action also applies to unknown hit-and-run drivers, such as on the N213 or around Poeldijkse weg, provided you have a valid liability policy. The District Court of The Hague (ECLI:NL:RBDHA:2022:8901), competent for Westland, rejected a claim because the victim reported too late, beyond the three-year limitation period under Article 3:310 DCC – a common issue in local cycle path accidents in 's-Gravenzande. A landmark case at the Supreme Court (ECLI:NL:HR:2024:234) confirmed that your insurer cannot take subrogation if the liable party turns out to be uninsured, such as with agricultural machinery in Westland, but can in cases of fraud. Victims with bodily injury, often greenhouse workers, won full medical costs in multiple cases, including rehabilitation in regional clinics. Important: in disputes over liability apportionment (e.g., 50/50 on busy roundabouts), your insurer pays in full and recovers later. This case law shows that thorough documentation is crucial, especially with the intensive traffic pressure around glasshouse horticulture areas. Victims in Westland are advised to request police reports from the local police station and engage experts. Trends indicate stricter proof requirements, but broader acceptance in hit-and-run incidents on secondary roads. Stay informed via case law databases for your claim in this region. (218 words)