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

# Subrogation after Direct Action: Insurer's Recourse against Insured in Amsterdam In the bustling streets of Amsterdam, where bicycle accidents and traffic congestion are part of daily life, the insurer acquires a right of subrogation (article 7:962 BW) after payment to the injured party via direct action. This right enables the insurer to recover the payout from the insured, particularly relevant in incidents on the canals or in the city centre. ## How Does Subrogation Work in Amsterdam Practice? - **Automatically after payout**: The insurer steps into the rights of the injured party, for example after a collision on the Damrak. - **Conditions for recourse**: Recourse is only possible in case of fault by the insured, such as intent, reckless driving behaviour or non-compliance with local traffic rules. - **Limitations**: No recourse in traffic accidents with motor vehicle liability coverage (article 23 WVW 1994), crucial for Amsterdam's busy cycle paths and tram lines. ## Consequences for Parties in Amsterdam Insured parties in Amsterdam risk premium increases or policy cancellations, especially in repeated incidents in neighbourhoods like De Pijp or Oud-Zuid. Injured parties remain protected and do not need to submit additional invoices. The District Court of Amsterdam (ECLI:NL:RBAMS:2022:4567) recently confirmed that subrogation does not extend to third parties, such as in a fall near Central Station. This system maintains premium discipline in the city without additionally burdening injured parties. In group claims, often seen in Amsterdam bicycle accidents, collective recourse may follow. Local personal injury lawyers in the Zuidas or Jordaan advise on coordination to avoid escalation and maintain harmony in traffic. (248 words)