Direct Action Insurer Delft: Direct Claim Against Liability Insurer

# Direct Action Against Insurer in Delft: Direct Claim Against Liability Insurer In Delft and surrounding areas, 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). This provision offers crucial protection for victims of accidents or damage in the region, such as in traffic incidents on the A13 or in the city centre. ## What Does a Direct Action Against the Insurer Mean? The direct action enables you to file a claim directly with the liability insurer of the tortfeasor, without first involving the insured. For example, in Delft you can directly approach the insurer of a scooter rider or cyclist after a collision on the Markt. This is based on **article 7:954 paragraph 1 DCC**: The injured party acquires an independent right to payment from the insurer, limited to the insured sum. Your claim is independent of the position of the insured. ### Benefits of the Direct Action in Practice - **Financial certainty**: Insurers are more solvent than individuals from Delft or surrounding neighbourhoods - **Fast procedure**: No delays due to slow responses from the tortfeasor - **Bankruptcy protection**: Your claim remains intact in the event of the insured's bankruptcy - **Local negotiations**: Direct contact with the insurer, possibly with assistance from the Juridisch Loket Delft ## 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 defences as against the insured, except in cases of non-compliance with premium or other obligations. **Paragraph 3**: In the event of bankruptcy or suspension of payments of the insured (e.g., a local Delft business), you can exercise the claim separately against the insurer. ### Applicable Insurances - **Motor vehicle liability insurance** (mandatory for cars and scooters in Delft) - **Business liability insurance** for local entrepreneurs - **Professional liability** (e.g., for Delft notaries or advisors) - **Private liability insurance** - **Product liability** ## Conditions for Successful Direct Action ### 1. Establishing Liability Proof required of tort (art. 6:162 DCC), contractual or strict liability, such as a slip on a wet road surface in Delft. ### 2. Valid Policy Coverage - Policy active during the incident - Damage covered - Premiums paid, no exclusions ### 3. Coverage Check Take into account limits, deductible and policy conditions. ## Practical Examples in Delft Context ### Traffic Accident on Phoenixstraat A cyclist causes a collision. Claim directly from the motor vehicle liability insurer for medical costs and bicycle repair. ### Water Damage by Plumber During work in a Delft home, a pipe leaks. Address the business liability insurer. ### Error by Local Lawyer A lawyer from Delft misses a deadline. Claim damages from the professional liability insurer, even in bankruptcy. ### Defective Product from Local Shop Damage from a broken device from a Delft business. Direct action against the product insurance. For legal advice in Delft: Consult the **Juridisch Loket Delft**. Proceedings often at **District Court of The Hague (district)**.