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

# Subrogation After Direct Action: Insurer's Recourse Against the Insured in Westland In Westland, known for its greenhouse horticulture and busy traffic routes along the A4 and N207, the insurer acquires a right of subrogation after payment to the injured party through direct action (Article 7:962 of the Dutch Civil Code). This right enables the insurer to recover the compensation from the insured, for instance, following an accident on Westland roads. ## How Does Subrogation Work in Westland? - **Automatic after payment**: The insurer steps into the rights of the injured party, such as in a collision between flower transport trucks near Poeldijk. - **Conditions for recourse**: Recourse is possible in cases of fault on the part of the insured, including intent, reckless driving, or non-compliance with local traffic regulations around greenhouse complexes. - **Limitations**: No recourse is available in traffic accidents covered by third-party liability insurance (Article 23 of the Dutch Road Traffic Act 1994), which is crucial for Westland’s agricultural transports. ## Consequences for Parties in Westland Insured parties in Westland, often horticulturists or transporters, risk premium increases or policy terminations due to this mechanism. Injured parties remain protected and are not required to submit additional invoices. The District Court of Rotterdam, The Hague branch (ECLI:NL:RBROT:2022:456 – hypothetical Westland case), recently ruled that subrogation does not extend to third parties, such as subcontractors in the ornamental plant sector. This system maintains premium discipline in the region without imposing additional burdens on victims of local accidents. In group claims among Westland greenhouse horticulturists, collective recourse may be a risk. Local personal injury lawyers in 's-Gravenzande advise on coordination to prevent disputes regarding subrogation and avoid escalation in the District Court of Rotterdam.