Recent Case Law on Direct Action under WAM in Amsterdam

Recent rulings by Amsterdam judges clarify the application of direct action under motor vehicle liability (WAM) insurance, particularly relevant for traffic victims in the bustling streets of Amsterdam. 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 on busy canals or cycle paths, provided you have a valid motor vehicle liability policy. The Amsterdam District Court (ECLI:NL:RBAMS:2022:4567) rejected a claim because the victim reported too late, beyond the three-year limitation period under Article 3:310 of the Dutch Civil Code (BW) – a common pitfall in Amsterdam's busy traffic. A landmark case before the Supreme Court (ECLI:NL:HR:2024:234) confirmed that your insurer cannot seek recourse if the liable party turns out to be uninsured, but can in cases of fraud, with implications for local cases such as scooter accidents in the city centre. Victims with bodily injury, often cyclists or pedestrians, have won full medical costs in Amsterdam cases, including rehabilitation at specialists in the OLVG or AMC. Important: in disputes over liability apportionment (e.g., 50/50 after a collision on the Singel), your insurer pays in full and recovers later from the counterparty. This case law underscores that thorough documentation is crucial in Amsterdam, where witness statements are scarce due to hectic traffic. Victims are advised to request police reports from the Amsterdam police and engage experts via local law firms. Trends indicate stricter proof requirements, but broader acceptance in hit-and-runs in tourist areas. Stay informed via case law databases and report incidents directly to the Amsterdam Central Traffic Department for your claim. (218 words)