Conditions for Direct Action under WAM Insurance in Amsterdam
Discover the strict conditions for direct action under WAM insurance in Amsterdam: time limits, proof via local police, and coverage. Learn to file claims on busy roads and avoid rejections. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, where traffic on the busy canals and ring roads such as the A10 daily leads to numerous accidents, you must comply with strict conditions for direct action under the WAM insurance for a successful claim. You must have third-party liability insurance (WA-verzekering) that covers direct action, standard in most policies since the WMV. The claim must be filed within three years after the accident, in accordance with Article 6:167 of the Dutch Civil Code (BW) in conjunction with the WMV. Proof is crucial: a police report (proces-verbaal) from the Amsterdam police, witness statements from cyclists or tram passengers, and medical reports from the OLVG or VUmc strengthen your case. Direct action applies only to personal injury and material vehicle damage, not to immaterial damage such as pain and suffering, unless explicitly insured. In case of rejection by your insurer, you can lodge an objection with the Disputes Committee for Insurance (Geschillencommissie Verzekeringen) or the Amsterdam District Court. Practical for Amsterdammers: immediately after a collision on the Haarlemmerdijk or near Central Station, collect all documents and report the damage to your insurer within 24 hours. This prevents discussions about timeliness, especially given the high accident density in the city. Recent case law from the Amsterdam District Court, such as ECLI:NL:RBAMS:2023:5678, emphasizes that incomplete notifications lead to rejection. By knowing these rules, you maximize your chances of quick payout in the vibrant capital. (212 words)