When a child is involved in an accident, everything briefly stands still. Besides concerns about your child’s recovery, the question soon arises as to what your rights are and how the damage should be compensated. Under Dutch personal injury law, minors have a special protected status.
That is not without reason. Children are more vulnerable, are less able to assess risks, and should not suffer legal consequences because of that. In this blog we explain which rules apply to personal injury for minors, what you as a parent should pay attention to and how to prevent your child from missing out on rights.
Why minors are extra protected in personal injury cases
The legislator recognizes that children deal with danger differently than adults. They act more impulsively and often do not fully foresee traffic or safety risks. Therefore, for minors stricter liability rules and additional safeguards in the settlement of personal injury claims.
You can see that protection reflected in:
- the 100%-rule in traffic accidents;
- a extended limitation period;
- mandatory judicial review;
- a protected approach to the compensation.
The 100% rule in personal injury cases involving minors
One of the most important rules in personal injury cases involving minors is the so-called 100% rule.
What does this rule entail?
If a child younger than 14 years old and becomes involved in a collision with a motor vehicle (such as a car, scooter, or motorcycle)? Then the insurer of that vehicle compensate 100% of the damage.
This applies even when:
- the child crossed unexpectedly;
- failed to yield;
- or otherwise made a traffic error.
Only in exceptional situations of intentional and consciously reckless behavior can an exception be made to this. In practice, this hardly ever occurs.
👉 For parents, this means: discussion about the child’s “fault” is usually not relevant.
Statute of limitations for personal injury involving minors
In regular personal injury cases, a claim must within five years be filed. An important exception applies to minors.
Statute of limitations starts only at age 18
In personal injury cases involving minors, the statute of limitations only starts running on the 18th birthday of the child. This means that:
- parents do not need to litigate immediately;
- the child up to his or her 23rd year of life can still file a claim independently.
This arrangement prevents a child from being disadvantaged because parents did not take action earlier.
Compensation for minors and the BEM clause
If compensation is awarded to a minor, then that money may not be freely spent.
What is a BEM account?
The compensation is deposited into a blocked account with BEM clause (Administration of Minors’ Inheritance). This means:
- the money is protected;
- parents cannot simply withdraw it;
- the money is automatically released when the child turns 18.
Would you like to use the money earlier, for example for medical treatment, therapy, or education? Then permission from the cantonal judge is required.
Settlement agreement: always subject to review by the cantonal judge
Personal injury cases are usually concluded with a settlement agreement. It contains agreements about compensation and the further settlement.
Extra protection for children
For minors, it is required that the subdistrict court judge assesses in advance whether the agreement:
- is fair and reasonable;
- covers all losses, including future losses;
- is genuinely in the child’s best interests.
Without this approval, the agreement is not legally valid. This is an important extra layer of protection for minors.
Why personal injury involving children must be handled with extra care
For children, it is often not yet clear what the long-term consequences of the injury are. Think of:
- limitations in education or work;
- permanent physical or psychological complaints;
- consequences for future income.
An overly quick or careless settlement can result in damages later no longer being recoverable is. That is precisely why specialized legal guidance is essential.
Legal assistance for personal injury involving minors
Our personal injury lawyers have extensive experience with personal injury cases involving minors and guide parents and children from start to finish. We ensure that:
- all items of damage are included;
- future losses are not overlooked;
- statutory protective rules are applied correctly.
The costs of our assistance are recovered from the liable party, making our assistance free of charge for parents.
Need help after an accident involving your child?
Has your child been involved in an accident, such as a collision, fall, dog bite, or other incident? It is important to promptly understand where you stand and what steps you can take.
We are happy to help you with expert and dedicated legal advice, so you can focus on what really matters: your child’s recovery and future.
