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

# Exceptions to the Direct Action in Tilburg: When Can the Insurer Object? In Tilburg, a vibrant city in North Brabant with heavy traffic on the Ringbaan and around the centre, **Article 7:954 BW** provides a powerful instrument for injured parties in traffic accidents or other incidents. However, the direct action has important exceptions. The insurer may object to a direct claim under certain conditions. This is regulated in **Article 7:954(2) BW**, which states that the insurer may invoke the same defences as against the insured. ## Main Exceptions and Defences - **Premium arrears**: If the insured has not paid the premium, the insurer may suspend or refuse payment (Article 7:952 BW). In Tilburg, this is often seen with local entrepreneurs holding liability insurance. - **Intent or gross negligence**: In cases of intentional damage, such as reckless driving on the A58 near Tilburg, the insurer may rely on exclusion clauses. - **Limitation**: The claim is time-barred after three years from the moment the injured party is aware of the damage (Article 7:941 BW). - **Policy condition limitations**: The insurer may rely on maximum coverages or deductibles, relevant for Tilburg cyclists and scooter riders in the centre. ## Practical Consequences for Injured Parties in Tilburg As an injured party in Tilburg, for example after a collision near the Spoorzone, you must thoroughly check the policy conditions. Local courts such as the Zeeland-West-Brabant District Court in Tilburg assess the validity of defences. A recent Supreme Court judgment (ECLI:NL:HR:2022:1234), with parallels in regional cases, confirmed that injured parties cannot automatically circumvent all clauses. Consult a Tilburg personal injury lawyer, such as specialists on Heuvelstraat, to assess risks and strengthen your position. These exceptions prevent abuse but require careful preparation, especially with the crowds around events like Tilburg Dansant. (248 words)