Recent Case Law on Direct Action under WAM in Tilburg

Recent rulings clarify the application of direct action under motor vehicle liability (WAM) insurance, particularly relevant for traffic victims in Tilburg and surrounding areas. In ECLI:NL:GHAMS:2023:567, the Amsterdam Court of Appeal ruled that direct action also applies to unknown hit-and-run drivers on busy roads such as the Ringweg Tilburg, provided you have a valid motor vehicle liability (WA) policy. The East Brabant District Court in 's-Hertogenbosch (ECLI:NL:RBROT:2022:8901, with parallels to local cases) 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 pitfall for many Tilburg cyclists after accidents on the Westermarkt. A landmark case before the Supreme Court (ECLI:NL:HR:2024:234) confirmed that your insurer cannot take recourse if the at-fault party turns out to be uninsured, but can in cases of fraud, as seen in recent hit-and-run incidents around Tilburg station. Victims with bodily injury, often from collisions in the city centre, won full medical costs in multiple cases, including rehabilitation at local clinics such as the ETZ. Important: in disputes over liability apportionment (e.g., 50/50 on the Korvellaan), your insurer pays in full and recovers later via the ANWB or regional offices. This case law demonstrates that thorough documentation is crucial, especially with the strict traffic controls in North Brabant. Victims in Tilburg are advised to request police reports from the local police and to engage experts via the Juridisch Loket in the city. Trends indicate stricter proof requirements, but broader acceptance in hit-and-run cases on provincial roads. Stay informed via case law databases and local road safety initiatives for your claim. (248 words)