Subrogation after direct action in Amsterdam: what happens next?
After direct action in Amsterdam follows subrogation: your insurer recovers from the liable party, even in A10 collisions. Discover the process, no-claim impact and local tips. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, where traffic congestion on the canals and ring roads such as the A10 daily leads to collisions, subrogation follows direct action: your WAM insurer takes over your rights to recover the damage from the liable party. This is laid down in Article 6:10 of the Dutch Civil Code (BW) and Article 22 of the Motor Vehicle Liability Insurance Act (WMV). Your insurer initiates a recourse procedure against the counterparty or their insurer, often without you as an Amsterdam resident needing to intervene. Think of typical Amsterdam incidents, such as a collision at the Haarlemmerpoort or a bicycle accident on the Damrak. You receive 100% reimbursement minus deductible, and your no-claim discount is preserved if the other party is at fault. In cases of shared liability, for example in a tram accident with GVB, this is settled pro rata. Practice in the region: insurers exchange data via the Central Bureau for Damage Compensation Arrangements (CBS), with fast handling for local claims. If the liable party is uninsured, such as a tourist without a green card, the Motor Vehicle Liability Insurance Fund (WA-Verzekeringsfonds) pays out. Residents of Amsterdam-Centrum or Zuidoost do not need to take extra steps, but cooperate with requests for information, such as dashcam footage from the IJtunnel. Advantages: direct assistance for Amsterdammers, costs at the liable party. Disadvantages: slight delay in no-claim restoration due to urban complexity. Recent developments, such as digital portals from the Vrije Universiteit study on Amsterdam traffic data, accelerate subrogation. Victims in the city rarely report issues, but in disputes you can consult the Insurance Disputes Committee (Geschillencommissie Verzekeringen) or the Amsterdam legal aid office (rechtswinkel).