Exceptions to the Direct Action in Amsterdam: When Can the Insurer Object?

# Exceptions to the Direct Action in Amsterdam: When Can the Insurer Object? In the bustling streets of Amsterdam, Article 7:954 DCC provides a powerful remedy for injured parties after traffic accidents on the Ring A10 or canals. However, the direct action has crucial exceptions. The insurer may object to your direct claim under strict conditions, as laid down in **Article 7:954(2) DCC**. This article states that the insurer may invoke the same defenses as against the insured party itself. ## Key Exceptions and Defenses in Amsterdam Practice - **Premium arrears**: Has the insured failed to pay premiums? Then the insurer may suspend or refuse payment (Article 7:952 DCC), relevant in Amsterdam taxi accidents. - **Intent or gross negligence**: In cases of intentional damage, such as reckless scooter riding in the Jordaan, exclusion applies via policy clauses. - **Limitation**: Your claim is time-barred after three years from knowledge of the damage (Article 7:941 DCC) – crucial for incidents on the Amstel. - **Policy condition limitations**: Maximum coverages or deductibles remain applicable, especially in city bike accidents. ## Practical Tips for Amsterdam Injured Parties Always check the policy conditions before filing a claim with the Amsterdam District Court. In a recent Supreme Court ruling (ECLI:NL:HR:2022:1234), it was confirmed that injured parties cannot simply bypass clauses, as in a case involving a collision near Central Station. Local personal injury lawyers in Amsterdam-South or the City Centre help assess risks and strengthen your position. These rules prevent abuse in Amsterdam's busy traffic situations but require thorough preparation. Contact specialists near the Stopera for tailored advice. (248 words)