Derdenclaims

Derdenclaims (Dutch for third-party claims) refers to claims brought by a person or organization that is not a party to a contract against another party. The claim seeks compensation for damages, injuries, or losses allegedly caused by the defendant or insured. Third-party claims are common in areas such as road traffic incidents, workplace accidents, product liability, and professional liability.

In insurance, the insured may be sued by a third party. The insurer typically provides defense and, if the claim is covered, compensation up to policy limits. After indemnifying the insured, many policies allow subrogation: the insurer may pursue repayment from the at-fault party or his insurer.

Legal framework: Third-party claims arise under civil liability rules. In Dutch law, as in many jurisdictions, a core distinction is between delict (unlawful act) and contractual liability; the law may specify prescriptive periods and defenses such as contributory negligence. In practice, insurers manage these claims through notification requirements and coverage conditions.

Management and implications: For insured parties, timely notification to the insurer is important; settlements require authorization; documentation of damages; and risk management to reduce future third-party claims.