Dutch personal injury terms explained: a glossary

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This glossary explains the Dutch terms you will meet in a personal injury claim (letselschade) in the Netherlands. Each entry gives the Dutch term, an English explanation, a short definition under Dutch law and, where relevant, the statutory article on wetten.overheid.nl. Two key points: if another party is liable, reasonable extrajudicial costs form part of the damage that party must pay, and a claim for injury or death is, as a rule, time-barred five years after you became aware of both the damage and the liable person.

Liability and starting a claim

Letselschade: personal injury (loss caused by injury)

The financial and non-financial loss someone suffers as a result of physical or psychological injury caused by an event for which another party is liable. Which loss is recoverable is set out in articles 6:95 to 6:110 of the Dutch Civil Code (Burgerlijk Wetboek, BW).

Law and sources: Article 6:95 BW

Aansprakelijkstelling: notice of liability (letter holding someone liable)

A written notice in which the injured person informs the other party that he or she holds that party liable for the loss; in practice the claim is then usually handled by that party’s liability insurer. The law prescribes no fixed format for the letter, but a written notice in which the right to compensation is unequivocally reserved interrupts the limitation period (article 3:317(1) BW).

Law and sources: Article 3:317 BW

Eigen schuld: contributory negligence (your own share in the loss)

If the injured person’s own conduct contributed to the loss, the compensation is reduced in proportion to the extent to which each party’s conduct contributed to it. A different split, or no reduction at all, applies where fairness requires it because the faults differ in seriousness or because of other circumstances of the case (article 6:101 BW).

Law and sources: Article 6:101 BW

50%-regel en 100%-regel (artikel 185 WVW): the 50% rule and the 100% rule for cyclists and pedestrians

Under article 185 of the Road Traffic Act 1994 (Wegenverkeerswet, WVW), the owner or, if there is one, the keeper of a motor vehicle involved in a road accident is liable for damage caused to people or property not carried by that vehicle, such as cyclists and pedestrians, unless force majeure is made plausible; the rule does not apply to damage to another moving motor vehicle or the people and property it carries. Case law of the Supreme Court (Hoge Raad) adds that, as a rule, a cyclist or pedestrian aged 14 or over who is partly at fault still receives at least 50% of the loss, and that the conduct of a child under 14 is only taken into account if it amounts to intent or recklessness bordering on intent, so that the child in principle receives 100%.

Law and sources: Article 185 WVW; HR 28 February 1992, ECLI:NL:HR:1992:ZC0526 (IZA/Vrerink)

WAM (Wet aansprakelijkheidsverzekering motorrijtuigen): Motor Insurance Liability Act (compulsory motor insurance)

The WAM requires the owner (bezitter) of a motor vehicle and the person in whose name it is registered to take out and maintain third-party liability insurance (article 2). An injured person has a direct claim against that insurer (article 6). That direct claim becomes time-barred three years after the event from which the damage arose (article 10(1)); the period is interrupted by, among other things, negotiations between the insurer and the injured person (article 10(5)).

Law and sources: Article 2 WAM; Article 6 WAM; Article 10 WAM

Werkgeversaansprakelijkheid (artikel 7:658 BW): employer’s liability for accidents at work

An employer is liable for injury an employee suffers in the course of his or her work, unless the employer proves that it met its obligations regarding safe workplaces, equipment, measures and instructions (article 7:658(1) BW), or that the injury was to a significant extent caused by the employee’s intent or deliberate recklessness (article 7:658(2) BW). Under paragraph 4 the same liability applies to a business that has work done by someone with whom it has no employment contract; depending on the circumstances, this can include agency workers and self-employed persons.

Law and sources: Article 7:658 BW

What you can claim

Smartengeld: compensation for pain and suffering (non-material damages)

Compensation for non-financial harm such as pain, grief and loss of enjoyment of life, available where the injured person has suffered physical injury or has otherwise been harmed as a person (article 6:106(b) BW). The amount is set on the basis of fairness; in practice, awards in comparable cases are used as a reference.

Law and sources: Article 6:106 BW

Verlies van arbeidsvermogen: loss of earning capacity (loss of income)

The difference between what the injured person would have earned without the accident and what he or she can still earn after it, calculated for both the past and the future. It is financial loss within the meaning of article 6:96(1) BW, which covers both losses suffered and profits forgone.

Law and sources: Article 6:96 BW

Huishoudelijke hulp: household help

Compensation for help with household tasks, such as cleaning, cooking, shopping and caring for young children, that the injured person can no longer do. The Richtlijn Huishoudelijke Hulp of De Letselschade Raad provides guidance for calculating it; odd jobs in and around the house and gardening fall under a separate guideline (Zelfwerkzaamheid).

Law and sources: Richtlijn Huishoudelijke Hulp (De Letselschade Raad)

Buitengerechtelijke kosten (BGK): extrajudicial costs (legal costs outside court)

Reasonable costs of establishing loss and liability, and reasonable costs of obtaining payment out of court, such as the costs of legal assistance, count as financial loss (article 6:96(2)(b) and (c) BW). The other party only has to pay them if and to the extent that it is liable, and only reasonable costs qualify. To the extent that the rules on the costs of court proceedings apply (article 241 Code of Civil Procedure), these provisions do not (article 6:96(3) BW).

Law and sources: Article 6:96 BW

Affectieschade: bereavement damages (fixed compensation for grief)

Close relatives (naasten, a group defined in the law) of someone who has died, or who has suffered serious and permanent injury, through an event for which another party is liable can claim a fixed amount for their grief (article 6:107(1)(b) and (2) and article 6:108(3) and (4) BW). These rules have applied since 1 January 2019. The amounts in the Besluit vergoeding affectieschade range from €12,500 to €20,000, depending on the relationship, on whether the person died or was seriously and permanently injured, and on whether a crime was involved.

Law and sources: Article 6:107 BW; Article 6:108 BW; Besluit vergoeding affectieschade, article 1

Shockschade: shock damage (psychological injury from a shocking event)

Compensation for a person’s own psychological injury caused by direct confrontation with the circumstances of a serious accident, for example seeing a close relative killed or seriously injured. In the Taxibus judgment (HR 22 February 2002) the Supreme Court held that the psychological injury must be established in law, which as a rule requires a condition recognised in psychiatry; the claim is based on unlawful act and non-material loss (articles 6:162 and 6:106 BW).

Law and sources: HR 22 February 2002, ECLI:NL:HR:2002:AD5356 (Taxibus); Article 6:162 BW; Article 6:106 BW

Medical terms

Medisch adviseur: medical adviser

A doctor who advises the injured person or the insurer on the medical side of the claim, such as the causal link between the accident and the complaints and the extent of any permanent impairment. Each side usually has its own medical adviser, who is not the treating doctor.

Medische machtiging: medical authorisation

Written consent from the injured person that allows medical information to be requested from treating doctors and other healthcare providers. In practice there are two forms: a specific authorisation for described information from a named healthcare provider, and a medical power of attorney that allows the injured person’s own representative or medical adviser to request information on his or her behalf. Because medical data are confidential, it is wise to check before signing what is being requested, from whom and for what purpose.

Medische eindtoestand: medical end state (stable final condition)

The point at which the injured person’s condition has stabilised and no significant further change is expected. Future loss and permanent impairment can usually only be assessed definitively from that point, which is one reason why claims involving serious injury can take a long time to settle.

Handling, settlement and time limits

Voorschot: advance payment (payment on account)

A payment on account of the final compensation, made while the claim is still being handled, for example once liability has been accepted. There is no specific statutory provision on advances in injury claims. If an insurer refuses to pay one, the injured person can in urgent cases ask the court for an interim order in summary proceedings (kort geding, article 254 Code of Civil Procedure, Rv); whether it is granted depends on the circumstances of the case.

Law and sources: Article 254 Rv

Deelgeschil (deelgeschilprocedure): partial dispute procedure

A special procedure in injury and death cases in which the injured person, the party held liable, or both together can ask the court to decide a dispute about part of what applies between them, such as liability or a single item of loss, also before any main proceedings have been started (article 1019w Code of Civil Procedure, Rv). The court rejects the request to the extent that its decision cannot sufficiently contribute to reaching a settlement agreement (article 1019z Rv).

Law and sources: Article 1019w Rv; Article 1019z Rv

Vaststellingsovereenkomst en finale kwijting: settlement agreement and full and final discharge

A settlement agreement (vaststellingsovereenkomst) is a contract in which the parties fix what applies between them in order to end or prevent uncertainty or a dispute, even if this departs from the previous legal position (article 7:900 BW). Finale kwijting is the clause stating that, after payment, the claim is fully and finally settled. After signing, further loss can in principle only be claimed if a reservation (voorbehoud) was included; only in exceptional circumstances can a settlement be challenged.

Law and sources: Article 7:900 BW

Verjaring: limitation (time-bar)

A claim for damages for injury or death becomes time-barred five years after the start of the day following the day on which the injured person became aware of both the damage and the liable person (article 3:310(5) BW); if the injured person was a minor on that day, the five years run from the start of the day after he or she came of age. The long-stop of twenty years after the event in article 3:310(1) does not apply to injury or death. Special rules can apply, for example where the event is a criminal offence (article 3:310(4) BW) or to a direct claim against a motor insurer (article 10 WAM). The period is interrupted by, among other things, a written notice that unequivocally reserves the right to compensation (article 3:317 BW).

Law and sources: Article 3:310 BW; Article 3:317 BW; Article 10 WAM

Compensation funds

Waarborgfonds Motorverkeer: Motor Traffic Guarantee Fund

A fund that can compensate victims of road accidents where someone is liable for the damage but it cannot be established who (for example a hit-and-run), where the compulsory insurance was not taken out, or where the vehicle was obtained by theft or violence and the insurer is not liable for that reason (article 25 WAM). In a case where the liable person cannot be identified, the fund does not pay if the injured person did not do what could reasonably be expected of him or her to identify that person.

Law and sources: Article 25 WAM

Schadefonds Geweldsmisdrijven: Violent Offences Compensation Fund

A government fund that can make a payment to people who suffered serious physical or psychological injury from an intentional violent crime committed in the Netherlands, or on board a Dutch ship or aircraft outside the Netherlands, and to certain surviving relatives and close relatives (article 3 Wet schadefonds geweldsmisdrijven). The application must be made within ten years of the day of the crime, or for a surviving relative within ten years of the day of death; a later application is still considered if it was made as soon as could reasonably be expected (article 7).

Law and sources: Article 3 Wet schadefonds geweldsmisdrijven; Article 7

Who is who: professionals, codes and guidelines

Letselschadebureau of letselschadeadvocaat: claims agency or personal injury lawyer

A claims agency (letselschadebureau) handles claims out of court but is not a law firm: the statutory disciplinary law for lawyers does not apply to it, and it cannot act in court proceedings where representation by a lawyer is compulsory. A lawyer (advocaat) is a member of the Netherlands Bar, is subject to disciplinary law (article 46 Advocatenwet) and can act in those proceedings (article 79(2) Code of Civil Procedure, Rv).

Law and sources: Article 46 Advocatenwet; Article 79 Rv

NIVRE-expert: NIVRE register expert (loss adjuster)

NIVRE is the Dutch professional and industry body for loss adjusters (schade-experts); its register has a personal injury branch (personenschade). Registered experts may be employed by an insurer, work independently or as counter-experts, or act as representatives of injured persons, so it is worth asking on whose behalf the expert acts.

Law and sources: nivre.nl

Gedragscode Behandeling Letselschade (GBL): Code of Conduct for the Handling of Personal Injury Claims

A code of conduct published by De Letselschade Raad with ten rules of conduct that apply to all professionals involved in a claim, such as insurers, lawyers and claims agencies. It is not legislation; many service providers have endorsed it, and the Register Letselschade lists the organisations that have committed to it.

Law and sources: Gedragscode Behandeling Letselschade (De Letselschade Raad)

Letselschade Richtlijnen (De Letselschade Raad): Personal Injury Guidelines

Standard rules, some with fixed amounts, for assessing common items of loss, such as household help, mileage, hospital and rehabilitation day allowances, study delay and minor injuries including pain and suffering. They are developed and maintained by De Letselschade Raad through its Permanent Committee on Standardisation (Permanente Commissie Normering); where a guideline does not do justice to the actual loss, a specific calculation can be made instead.

Law and sources: Letselschade Richtlijnen (De Letselschade Raad)

Sources

Legal information only, not advice on your individual case. Statutory texts checked against the official consolidated versions on 30 September 2026.

Written by Onur Arslan, lawyer at Arslan Advocaten. Registered in the Netherlands Bar’s register of practice areas (rechtsgebiedenregister) for employment law and personal injury. Last updated: 30 September 2026.