Conditions for Direct Action under WAM Insurance in Tilburg
Discover strict conditions for direct action under WAM insurance in Tilburg: time limits, evidence via local police and ETZ, and coverage. Learn to file claims and avoid rejections. (38 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
For direct action under the WAM insurance in Tilburg, you must meet strict conditions to successfully file your claim. First, your motor vehicle liability (WA) insurance must cover direct action, which is standard in policies since the WMV, particularly relevant for Tilburg's traffic congestion on roads such as the Ringbaan and near the University. You must file the claim within three years after the accident, in accordance with Article 6:167 of the Dutch Civil Code (BW) in conjunction with the WMV. Evidence is crucial: a police report (proces-verbaal) from the Tilburg police, witness statements from neighborhoods such as Oud-Zuid, or medical reports from the ETZ hospital strengthen your case. Note: direct action applies only to personal injury and material vehicle damage, not to immaterial damage such as pain and suffering (smartengeld), unless explicitly insured. If rejected by your insurer, you can lodge an objection with the Disputes Committee for Insurance (Geschillencommissie Verzekeringen) or the District Court of East Brabant in 's-Hertogenbosch, which handles many Tilburg cases. Practical advice for Tilburg residents: immediately after an accident on the Korvellaan or near the Spoorzone, collect all documents and report to your insurer within 24 hours. Recent case law, such as ECLI:NL:RBOBR:2023:4567 regarding a Tilburg accident, emphasizes that incomplete reports lead to rejection. By knowing these rules, you maximize your chances of a quick payout in the region.