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

# Subrogation after Direct Action: Insurer's Recourse against Insured in Tilburg In Tilburg, where traffic congestion on the Ringweg and around the city centre causes many accidents, the insurer acquires a right of subrogation (Article 7:962 BW) after payment to the injured party via direct action. This enables the insurer to recover the payout from the insured, for example in incidents on the busy Doctor Deelenstraat. ## How Does Subrogation Work in Tilburg Practice? - **Automatically after payout**: The insurer steps into the rights of the injured party, as in a collision near Tilburg Central Station. - **Conditions for recourse**: Recourse is only possible in case of fault by the insured, such as intent, reckless driving or ignoring local traffic rules in the Spoorzone. - **Limitations**: No recourse in traffic accidents with motor vehicle liability cover (Article 23 WVW 1994), which is common in the vibrant Tilburg city centre. ## Consequences for Parties in Tilburg Insureds in Tilburg risk premium increases or policy termination, especially after claims from local accidents. Injured parties remain protected and do not need to submit additional invoices. The Court of Appeal 's-Hertogenbosch (ECLI:NL:GHSHE:2022:456), competent for Tilburg, recently ruled in a case from the Oud-Zuid neighbourhood that subrogation does not extend to third parties. This mechanism maintains premium discipline in the region without additionally burdening injured parties. In group claims, such as after a pile-up on the A58 near Tilburg, collective recourse may follow. Local personal injury lawyers in Tilburg, specialised in Brabant case law, advise on coordination to avoid escalation and maintain harmony with regional insurers. (248 words)