Someone causes damage and refers you to their liability insurer. This does not give you a statutory claim against that insurer in every situation. Article 7:954 of the Dutch Civil Code provides, subject to conditions, a possibility of demanding direct payment for damage resulting from death or injury. This general arrangement does not apply to damaged possessions alone or pure financial loss. Other statutory arrangements, such as the Dutch Motor Insurance Liability Act (WAM), may provide an independent right. This guide helps distinguish routes and prepare your file under Dutch law.
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1. Identify your position and type of damage
Start with whom you consider liable and why. Record the event, people involved and connection with your damage. Insurance existing does not prove the insured is liable. Nor does it establish that the risk falls within the policy. Request a clear position on liability and cover. Distinguish your own loss insurance, someone else’s liability insurance and any legal expenses insurance.
Then distinguish personal injury loss from other damage. Article 7:954 concerns damage resulting from death or injury; alongside physical consequences this may include financial loss flowing from that injury. A damaged bicycle without injury differs from lost income after an injury accident. List each loss component separately. One injury component does not automatically make all accompanying property damage personal injury loss under this arrangement.
2. Understand what Article 7:954 allows
Subject to statutory conditions, the direct action enables the injured party to demand payment to themselves of the amount the insured can claim from the liability insurer for the personal injury loss concerned. The Supreme Court stresses that this entitlement depends on the payment obligation towards the insured. Thus no unlimited payment obligation arises merely because you are injured. Investigate both liability and the extent of the insurance payment due.
A coverage defence may therefore remain relevant. Examples include disputes about who is insured, which event falls under the policy or the available maximum. Ask for the specific basis if the insurer refuses payment. A letter merely stating you are not a contracting party does not answer whether you can use the statutory direct action. If in doubt, clarify the legal basis on which you request payment and which conditions the insurer says are missing.
3. Check notification by the insured
For the general arrangement, it matters that materialisation of the risk was notified to the insurer in accordance with Article 7:941 of the Dutch Civil Code. The injured party’s own letter does not automatically replace the required notification by the policyholder or insured. The Amsterdam Court of Appeal expressly discussed this distinction. Therefore ask the party held liable to report the claim and obtain confirmation the insurer received that notification.
The law contains a specific exception where the insured was a legal person that ceased to exist and the compensation obligation did not pass to another. Insolvency, difficulty contacting them or refusal to cooperate alone does not prove this exception applies. Collect information about the legal person and any succession and have the conditions assessed. Do not wait passively if notification is missing: separately protect your claim against the potentially liable party.
4. Separate property damage and special statutory rights
For property damage alone or pure financial loss, Article 7:954 provides no general direct action. In practice the liability insurer may nevertheless handle the claim on the insured’s behalf or pay you directly. Such handling does not itself prove you have an independent statutory right against the insurer. Ask who is legally the opposing party and on what basis payment is discussed. Meanwhile maintain contact with the party held liable.
For motor vehicles, Article 6 WAM provides a separate independent right for the injured party within that Act’s scope. Different rules apply from the general direct action, including regarding defences. The WAM route may also matter for property damage. Do not draw conclusions for ordinary private or business liability insurance from one traffic-damage file. First establish which special arrangement applies and which insurer, insured liability and damage fall within it.
5. Substantiate loss and request a clear payment proposal
For injury, preserve accident details, medical information insofar as relevant, costs incurred and proof of lost income. Organise evidence per loss item and indicate consequences still uncertain. Discuss medical information carefully with your representative and share specifically what assessment needs. A provisional estimate may start discussions but is not a final determination. Ask which elements the insurer accepts, disputes or still wishes to investigate and record answers in writing.
With sufficient clarity, request an advance and explain which accepted costs or losses it addresses. Explicitly describe whether payment is proposed as an advance or final settlement. Receiving money need not mean accepting all conditions in an accompanying letter. Have a proposal with full and final discharge assessed beforehand, especially if medical consequences or future loss remain unclear and the file would then close.
6. Watch maxima, other injured parties and proceedings
An insured sum may limit the available amount. Article 7:954 contains allocation rules where the payment due is insufficient for several losses and injured parties because an insured sum is exceeded. It also protects certain payments already made in good faith. Therefore do not assume full payment because one loss item was accepted. For multiple victims, request clarity on available cover and allocation method.
Anyone bringing legal proceedings against the insurer under this arrangement for damage resulting from death or injury must in principle ensure the insured is brought into the proceedings in time. The law provides an exception for the previously discussed case of a legal person that ceased to exist. Have a lawyer determine the correct procedural parties and actions. A correspondence address or claim number does not identify whom to summon. Check deadlines for every relevant claim and do not rely on a general investigation process.
7. Build a file supporting the correct route
A fictional example: after an incident involving a private individual, a cyclist suffers injury and bicycle damage. The liable party has ordinary liability insurance and reports the event. Subject to the other conditions, Article 7:954 may matter for personal injury loss. The damaged bicycle does not thereby automatically acquire the same statutory route. The insurer may nevertheless handle both elements by agreement. The claim’s legal basis and cover must remain clear per loss component.
For advice, bring the liability demand, notification, available policy details, loss estimate and payment proposals. Ask whether your route rests on direct action, a special independent right or a claim against the liable person. For a special independent right, Article 7:954(7) requires attention. The Supreme Court accepts that, after limitation of the independent WAM right, recourse to direct action may be possible subject to conditions. This does not automatically revive every time-barred claim. Have deadlines and the remaining insurance entitlement assessed separately.
Frequently asked questions
Can I approach every liability insurer directly?
No. Article 7:954 imposes conditions and concerns damage resulting from death or injury. Distinguish special statutory rights and voluntary claims handling from this.
Is my own notification to the insurer enough for direct action?
Not automatically. The required notification by policyholder or insured must be investigated. The law contains a limited exception for a legal person that ceased to exist.
Can direct action also apply to a damaged bicycle without injury?
The general arrangement of Article 7:954 does not apply. A special right, for example under the WAM, may matter if the event falls within that arrangement.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- Officiële bekendmakingen — vernummerde tekst titel 7.17 BW, artikelen 941, 953, 954, 957 en 960 Accessed: 2026-10-23
- Hoge Raad — ECLI:NL:HR:2022:616 Accessed: 2026-10-23
- Gerechtshof Amsterdam — ECLI:NL:GHAMS:2021:1727 Accessed: 2026-10-23
- Parket bij de Hoge Raad — conclusie ECLI:NL:PHR:2023:90 Accessed: 2026-10-23
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