Direct Action in the Procedure: From Summons to Judgment in Amsterdam

# Direct Action in the Procedure: From Summons to Judgment in Amsterdam Filing a direct action in Amsterdam requires a structured legal procedure, tailored to the efficient courts in the region. After gathering evidence, you proceed directly against the insurer via the **summons procedure** at the **District Court of Amsterdam**, particularly the subdistrict section at Prins Hendrikkade 48. ## Steps in the Procedure in Amsterdam 1. **Registered summons**: Send a formal letter with damage calculation and evidence, ideally via a bailiff in Amsterdam-Centre. 2. **Summons**: Have a bailiff serve the summons on the insurer (article 114 CCP), with hearings often scheduled in the impressive courtrooms of the District Court of Amsterdam. 3. **Hearing of parties**: Both parties present their defenses; mediation is often possible via the **Judicial Mediation Amsterdam**, which prevents delays in the bustling city. 4. **Pleadings and judgment**: The judge awards a decision for the insured amount, with rapid resolution due to the high caseload in the capital. ## Evidence and Expertise in the Amsterdam Context Crucial are medical reports from specialists at the **AMC** or **OLVG**, appraisal reports for Amsterdam traffic accidents, and witness statements from busy neighborhoods like the Jordaan or Oost. The insurer must respond within a reasonable term, taking into account local traffic jams and incidents on the A10. For personal injury, the **Wibaut standard** applies for non-pecuniary damages. Costs: court fee approximately €85-€500 at the District Court of Amsterdam, plus attorney fees that are often recoverable from the opponent (article 6:96 DCC). Success rate is high in cases of clear liability in Amsterdam matters, such as bicycle accidents, but in disputed cases, an expert report via the **Judicial Experts Register** may be required. Prepare for possible interim claims for advances, with support from local personal injury attorneys in the Zuidas.