Delta-v in personal injury cases: meaning, debate, case law and your rights

In personal injury cases there are often debates about delta-v. Insurers use this concept to dispute the severity of an accident and the likelihood of injury. Victims experience that their complaints are sometimes not taken seriously as a result. In this article we explain what delta-v entails, how insurers use it, what decisions judges have made, and what you can do if you get into a dispute.

What is delta-v?

Delta-v stands for the change in speed that occurs in a collision. The greater the delta-v, the greater the force exerted on the body.

Example: a car that comes to a complete stop from 50 km/h has a delta-v of 50 km/h. If the same car ends up at 40 km/h after the collision, then the delta-v is only 10 km/h.

Insurers use this concept to claim that at a low delta-v (below 10 km/h) little or no injury can occur. However, that position is not conclusive.

How insurers use delta-v

Insurers often engage experts to calculate the delta-v. They then use that calculation to assert that:

• the accident was too minor to cause injury,

• there is no causal link between the accident and the complaints,

• damages do not need to be paid, or only to a limited extent.

For victims, this often feels as if their complaints are being ignored.

Case law on delta-v and whiplash

Case law shows that judges do not simply follow the position of insurers. Some examples:

• Example 1: A motorist was rear-ended with a delta-v of approximately 6 km/h. The insurer argued that such a low impact could not cause long-term complaints. The judge found that too simplistic and ordered an independent expert investigation. The conclusion was that while a low delta-v leads to permanent injury less often, it cannot be ruled out.

• Example 2: In a case where a woman had neck complaints after a collision with a low delta-v, the judge ruled that the complaints had to be taken seriously because they were consistently present and well documented in the medical record. The calculated delta-v was not decisive in that case.

• Example 3: In another case, the delta-v was around 7 km/h. The judge emphasized that delta-v is only one factor. Because the medical records and the circumstances of the accident indicated a plausible link between the accident and the complaints, the victim ultimately prevailed.

These examples show that a low delta-v is not automatic proof that complaints were not caused by the accident.

What can you do in a dispute about delta-v?

If the insurer questions your complaints because of a low delta-v, you can take the following steps:

1. Medical substantiation
   Ensure a complete medical file that clearly states that your complaints arose shortly after the accident and have been consistently present.

2. Independent expertise
   Ask an independent medical specialist to assess whether your complaints are consistent with the accident. A biomechanical expert can also be valuable.

3. Emphasize the circumstances
   Factors such as seating position, headrest function, and the angle of the collision play a major role. This can make the impact greater than insurers suggest.

4. Seek legal assistance
   A personal injury lawyer can help you refute the insurer’s positions and ensure that your complaints are taken seriously.

Checklist: Collecting evidence after an accident

Strong evidence is indispensable in discussions about delta-v and injury. The checklist below increases your chances of a successful personal injury claim:

• 📸 Take photos of the vehicles, damage, road surface, and traffic situation.

• 📝 Witness details note down (names, phone numbers, statements).

• 🚑 Seek medical help immediately and have your symptoms immediately recorded by a GP or specialist.

• 📂 Request your medical records from your GP, physiotherapist, or hospital.

• ⏱️ Keep track of your symptoms in a diary: when they started, how often they return, what limitations do they cause?

• 🚗 Collect accident file: police report, claim forms, correspondence with the insurer.

• 🔧 Technical investigation (if possible): have cars or data recorders examined for speeds and impact force.

The better your file, the stronger your position with the insurer.

Role of Arslan Advocaten

At Arslan Advocaten we have extensive experience with whiplash and delta-v cases. We help victims by:

• strengthening the case file with medical and legal arguments,

• engaging independent experts,

• refuting insurers who rely solely on delta-v,

• securing a fair compensation, even in low delta-v accidents.

FAQ about delta-v in personal injury cases

1. Does a low delta-v mean I won’t get compensation?
No, a low delta-v is not automatic evidence against injury. Judges look at the entire case file.

2. How is delta-v calculated?
Usually by traffic accident analysts who reconstruct the change in speed of vehicles during the collision.

3. Can whiplash occur at a low delta-v?
Yes, that is possible. Research and case law show that injury can occur even at low impact.

4. How do I prove that my symptoms are due to the accident?
With medical documentation, consistency in symptoms, and opinions from independent specialists.

5. How does a lawyer help with delta-v discussions?
A lawyer can retain experts, build legal counterarguments, and ensure that your rights to compensation are safeguarded.