Minors hold a special position within personal injury law, and the lawmakers have built in extra safeguards to protect them. This is due to children being more vulnerable than adults, both in traffic and in other situations. In this article, we explain what the rules are for personal injury in minors and how you as a parent can protect your child’s rights in case of an accident.
The 100% Rule in Personal Injury for Minors
Young children take greater risks in traffic than adults, simply because they are not fully aware of the dangers. For example, they might suddenly cross the road without looking, leading to serious accidents where children sustain injuries.
To ensure that minors are always fully compensated for their damage, the Netherlands has a special provision: the 100% rule. This rule dictates that if a child under the age of 14 is involved in a collision with a motor vehicle, the vehicle’s insurer must reimburse 100% of the damages, regardless of whether the child was at fault. This rule does not apply in exceptional circumstances, such as deliberately reckless behavior by the child, but this rarely happens.
Expiration Term for Minors
Typically, in personal injury cases, an expiration term of five years applies, meaning that you must file a claim within five years from the date the damage or accident happened. However, a special expiration rule applies to minors: the five-year expiration term only starts to run on the child’s 18th birthday. This means that minors have until their 23rd birthday to file a personal injury claim, even if their parents have not done so. This rule ensures that minors are not disadvantaged due to their parents’ inactivity.
Damages Compensation and the BEM Clause
When damages compensation is awarded to a minor, the money cannot just be freely spent. By law, the compensation must be deposited in a blocked account, often referred to as the BEM clause (Management Inheritance Minors). This means that the minor only gains access to the money on his or her 18th birthday. If money needs to be drawn from this account earlier, for instance for medical expenses or education, the approval of the cantonal judge is required. This rule is meant to prevent the damages compensation from being irresponsibly spent.
Permission from the Cantonal Judge for Settlement Agreement
When finalising a personal injury case, a settlement agreement is usually drawn up stating the amount of the compensation and other agreements. For minors, it is mandatory to ask for the cantonal judge’s permission prior to signing this agreement. The judge evaluates whether the settlement agreement serves the best interest of the child. Only when the judge gives consent, can the parents or legal representatives sign the agreement on behalf of the child. This is an extra safeguard to ensure the full protection of the minor.
Contact with a Personal Injury Lawyer
If your child has been involved in an accident and has suffered personal injury, it is important to obtain legal advice immediately. Our personal injury lawyers have extensive experience in handling personal injury cases for minors and ensure that your child’s rights are fully protected. We offer free legal assistance, so you can focus entirely on caring for your child’s wellbeing.
If your child has suffered personal injury due to an accident, for example a collision or a dog bite? Please contact Arslan & Arslan Lawyers for free advice and assistance in filing a personal injury claim. We’re here to support you from start to finish and to ensure that you get what you’re entitled to.
