Subrogation after Direct Action in Delft: Insurer's Recourse against Insured

# Subrogation after Direct Action in Delft: Insurer's Recourse against Insured In Delft, with its busy city centre and cycle paths along the canals, payment to the injured party via direct action often leads to subrogation rights for the insurer (Article 7:962 BW). The insurer can thus recover its payment from the insured, for example after a collision on Phoenixstraat. ## How Does Subrogation Work in Delft Practice? - **Automatic after payment**: The insurer steps into the rights of the injured party, such as in a fall on a slippery road surface near TU Delft. - **Conditions for recourse**: Recourse is possible in case of fault by the insured, such as intent or ignoring traffic rules in the historic centre. - **Limitations**: No recourse in traffic accidents with motor vehicle liability coverage (Article 23 WVW 1994), crucial for Delft cyclists and motorists on Rotterdamseweg. ## Consequences for Delft Parties Delft insureds run the risk of premium increases or policy termination, especially in repeated incidents around the Markt. Injured parties, often students or residents, are protected but must submit receipts and invoices. The District Court of The Hague (ECLI:NL:RBDHA:2022:456), competent for Delft, recently ruled that subrogation does not extend to third parties in an accident on Koepoortplaats. This system maintains premium discipline in Delft without additional burden on victims. In group claims, such as after slippery conditions on bridges, collective recourse may follow. Local personal injury lawyers in Delft advise on coordination to avoid disputes before the subdistrict court and prevent escalation.