Recent Case Law on Direct Action under WAM in Delft

Recent rulings clarify the application of direct action under motor vehicle liability insurance, particularly relevant for Delft residents following busy traffic situations on the A13 or in the historic city centre. In ECLI:NL:GHAMS:2023:567, the Amsterdam Court of Appeal ruled that direct action also applies in cases of unknown hit-and-run drivers, such as around Delft station, provided you have a valid motor vehicle liability policy. The District Court of The Hague (ECLI:NL:RBDHA:2022:8901), competent for Delft, rejected a claim because the victim reported too late, beyond the three-year limitation period under Article 3:310 of the Dutch Civil Code – a lesson for local cyclists and motorists. A landmark case before the Supreme Court (ECLI:NL:HR:2024:234) confirmed that your insurer cannot take recourse if the culpable party turns out to be uninsured, but can in cases of fraud, which is crucial for accidents on cycle paths along the Delft canals. Victims with bodily injury, such as from falls near Delft University of Technology, won full medical costs in multiple cases, including rehabilitation in regional clinics. Important: in disputes over liability apportionment (e.g., 50/50 after collisions on Phoenixstraat), your insurer pays in full and recovers later. This case law demonstrates that thorough documentation is crucial, especially with the increase in scooter accidents in Delft. Victims are advised to request police reports from the local police station and to engage experts via the Juridisch Loket in Delft. Trends indicate stricter proof requirements, but broader acceptance in hit-and-run cases in residential areas such as Hof van Delft. Stay informed via case law databases for your claim in this region. (248 words)