Direct Action Motor Vehicle Liability Insurance: rights in car accidents in Amsterdam
In Amsterdam, as a victim of a traffic accident, you can directly invoke your **motor vehicle liability insurance** (Wettelijke Aansprakelijkheid Motorrijtuigen) via **direct action**. You do not need to first approach the policy of the other party. Discover the process, steps and your rights in the Amsterdam region.
What does direct action entail under motor vehicle liability insurance?
Direct action allows you as the injured party to immediately claim from your own **motor vehicle liability insurance**. Normally you claim from the insurer of the guilty party, but here your own insurer handles the payout – even if someone else is at fault. They recover it later from the responsible party.
This is laid down in the **Motor Vehicle Insurance Act (WMV)** for quick assistance to victims, ideal for unknown or elusive perpetrators in busy Amsterdam traffic.
Legal basis
Regulated in:
- Article 6:167 **Civil Code (BW)** – Basic liability.
- Article 6:200 **BW** – Motor vehicle specific.
- **Motor Vehicle Insurance Act (WMV)** – Motor vehicle liability rules.
For whom in Amsterdam?
Applies to:
- Drivers and passengers with injury or car damage.
- Cyclists, pedestrians hit in the city.
- Other road users.
Step-by-step plan for direct action in Amsterdam
Follow these steps for your claim:
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Report immediately:
- Call the police for injury/damage in Amsterdam.
- Fill out the European accident report form.
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Contact insurer:
- Report within 7 days and request direct action.
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Provide evidence:
- Photos of the accident scene.
- Witnesses, police report.
- Medical documents in case of injury.
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Submit claim:
- Use the insurer's form.
- Specify damage (repairs, pain and suffering compensation).
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Receive payout:
- Your insurer pays out, recovers elsewhere.
Pay attention to deadlines
Take into account:
- 7 days: Quick report to insurer.
- 3 years: Claim deadline (art. 3:310 BW).
Help in Amsterdam
Free advice? Visit Juridisch Loket Amsterdam, Vijzelstraat 77. They assist with claims and motor vehicle liability procedures.