Regres refers to the right of an insurer or other entity to recover compensated damage from the responsible party. This is essential within personal injury law in Westland.
What does regres entail?
Regres, also known as recourse, means that a party that has paid damage attempts to recover these costs from the person or entity that caused the damage.
Examples of regres
| Party seeking recourse | Seeks recourse against | Type of costs |
|---|---|---|
| Health insurer | Responsible party/insurer | Costs for medical care |
| Employer | Responsible party/insurer | Paid salary |
| UWV | Responsible party/insurer | Paid benefits (WIA, ZW) |
| Pension fund/ABP | Responsible party/insurer | Pension for occupational disability |
| Municipality | Responsible party/insurer | Social assistance benefits |
Legal basis
The right to regres is laid down in various Dutch laws.
Relevant legislation
- Art. 6:107a BW: Recourse for wage costs by employers
- Art. 7:962 BW: Subrogation right in insurance
- Art. 83b Health Insurance Act: Recourse right for health insurers
- Art. 99 WIA: Recourse by the UWV
Impact on victims in Westland
Regres affects the position of victims in personal injury cases.
No double compensation
If an insurer or entity has already compensated damage, the victim cannot claim it again from the liable party. This prevents overcompensation.
Practical effects
- The victim's own claim becomes smaller (net damage)
- Parties exercising recourse play a role in damage settlement
- Negotiations on settlements become more complicated
- Coordination between victim and recourse seekers is necessary
Limitations of regres (civil ceiling)
Parties exercising recourse cannot claim more than the victim could have claimed themselves.
Specific limitations
| Limitation | Explanation |
|---|---|
| Civil ceiling | Maximum is equal to what the victim could claim |
| Contributory negligence | Reduction of recourse claim in case of own fault |
| Non-recoverable damage | Only actually compensated damage is recoverable |
WNPV agreement
There is an agreement between employers and insurers for smooth handling of recourse cases.
Key points of the agreement
- Standardized amounts for recourse claims
- Simplified procedures
- Less need for extensive evidence
- Faster handling of claims
Regres in traffic accidents in Westland
Regres often plays a role in traffic accidents.
Typical situations
Commuting to/from work
In accidents during commuting to/from work, an employer can recover wage costs from the liable party or their Motor Vehicle Liability Insurance (WAM) insurer.
Medical expenses
Health insurers recover medical costs from the WAM insurer of the responsible party.
Benefits for occupational disability
The UWV can recover WIA benefits from the liable party.
Advice for victims in Westland
- Report the accident to all involved insurers and entities
- Take recourse parties into account during settlement discussions
- Coordinate with recourse seekers to avoid damaging your own claim
- Understand that your net claim may be lower than the total damage
- Seek legal support for complicated recourse issues, for example via the Juridisch Loket Westland
Advice for employers in Westland
- Document absence due to accidents accurately
- Submit recourse claims promptly to the liable party's insurer
- Make use of the WNPV agreement for efficient handling
- Consider insurance against risks of recourse claims
Frequently asked questions
What is regres?
Recovering damage from the causer.
Who can exercise regres?
Insurers, employers, and entities such as the UWV.
Does regres affect my claim?
Your claim remains, but may net lower.
Does regres cause delays?
This can occur due to more complex negotiations.
Must I cooperate with regres?
Yes, cooperation is often necessary.
Summary
Regres is the right to recover damage from the causer.
Key points
- Recovery of damage
- Your claim is preserved, but may be lower