When a child under the age of fourteen sustains an injury as a cyclist or pedestrian in a collision with a motor vehicle, special protection applies. In principle, the child’s damage is fully compensated. This protection can also apply if the child themselves made a traffic error.
The legal basis lies in Article 185 of the Road Traffic Act 1994 (Wegenverkeerswet 1994). In an accident between a motor vehicle and a non-motorized traffic participant, the owner or keeper of the motor vehicle is in principle liable, except in the case of force majeure (overmacht).
The 100% rule for children under the age of fourteen was developed in the case law of the Dutch Supreme Court (Hoge Raad). For this group, force majeure or contributory negligence can only be assumed in very exceptional situations, namely in the case of intent or recklessness bordering on intent. The exact assessment remains dependent on the facts of the accident.
After a collision, careful documentation is important. Call in medical help when necessary, keep details of those involved and witnesses, and record damage and relevant costs as completely as possible. This helps in assessing liability and damage.
A personal injury file of a child can be lengthy. Consequences for school, development, or future work sometimes only become clear later. It can therefore be wise to keep medical information, school information, and documents about extra care or support.
Compensation can cover, among other things, demonstrable medical costs, extra help, travel costs, study delay, loss of earning capacity, and immaterial damage. Which items are eligible for compensation depends on the circumstances, the injury, and the substantiation.
Also pay attention to time limits. Special rules apply to minors, and a claim against a WAM insurer (Motor Insurance Liability Act) has its own statutory regulation. Therefore, have time limits assessed in a timely manner; a general time limit cannot be applied without the specific situation.
If liability is established, reasonable costs for establishing damage and liability and for obtaining satisfaction out of court may be eligible for compensation under certain conditions. Whether and to what extent this is the case depends on the file.
Has your child had an accident? Arslan Advocaten can go through the legal position, the necessary evidence, and the steps to be taken with you. Contact us for an assessment tailored to your situation.
Sources: Article 185 Road Traffic Act 1994 (Wegenverkeerswet 1994), Article 6 Motor Vehicle Liability Insurance Act (Wet aansprakelijkheidsverzekering motorrijtuigen), Article 3:310 Dutch Civil Code (BW), Article 6:96 Dutch Civil Code (BW) and Supreme Court (Hoge Raad) case law on the 100% rule.
https://wetten.overheid.nl/jci1.3:c:BWBR0006622&artikel=185
https://wetten.overheid.nl/jci1.3:c:BWBR0002415&artikel=6
https://wetten.overheid.nl/jci1.3:c:BWBR0005291&boek=3&titeldeel=11&artikel=310
https://wetten.overheid.nl/jci1.3:c:BWBR0005289&boek=6&titeldeel=1&afdeling=10&artikel=96
https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:1991:ZC0253
