Insurance law
Insurance, recourse and subrogation are three common terms in insurance law. Of these three terms, the average citizen usually only knows the first one : insurance. Everyone has at least one insurance policy , which states which obligations of the insured are taken over by the insurer, and under which conditions.
For example : I have a fire in my house, causing the neighbour’s house to go up in flames with me. Who will pay for that? The policy says so. Those who do not feel the need to dig out a policy, but want to know what it entails, can consult a specialised lawyer for this purpose.
Subrogation
Sometimes your insurer has to pay compensation directly to someone, without you yourself as the person responsible for the damage having to advance it first. The insurer then takes over your rights, and may try to recover this sum from the person responsible for the loss. The insurer is then subrogated to the rights of the claimant it has paid out.
Recourse
Under recourse, the insurer claims back from its insured the payments it has made to the victim.
This is possible in a number of legally defined situations, namely when the insurer proves that the insured committed gross or intentional misconduct that caused the damage. The classic example is an accident that happened under the influence of alcohol or drugs.
Damage
Liability law also comes around the corner when You are faced with damages. You can think of physical damage caused by an accident, but also material damage that You want to recover. It is important to investigate who is (partially) liable for the damage suffered. It is also necessary to investigate which part of the damage is insured.
Help from a lawyer
Our lawyers all have years of experience and appropriate expertise within insurance law. They provide assistance to individuals as well as insurers, companies and public authorities. Do you have an insurance dispute? Then do not hesitate to contact us.
