When a child under fourteen years of age is injured 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 may also apply if the child themselves committed a traffic error.
The legal basis lies in Article 185 of the Wegenverkeerswet 1994. In an accident between a motor vehicle and a non‑motorized road user, the owner or keeper of the motor vehicle is in principle liable, except in cases of force majeure.
The 100%-rule for children under fourteen years was developed in the case law of the Hoge Raad. For this group, force majeure or contributory negligence can only be assumed in very exceptional situations, namely in cases of intent or recklessness bordering on intent. The precise assessment remains dependent on the facts of the accident.
After a collision, careful documentation is important. Obtain medical assistance where necessary, retain the details of those involved and of witnesses, and record damage and relevant costs as completely as possible. That assists in the assessment of liability and damages.
A personal injury file for a child can be long‑running. Consequences for school, development or future work sometimes only become apparent later. It may therefore be advisable to retain medical records, school information and documents concerning additional care or support.
Compensation can include demonstrable medical expenses, additional assistance, travel costs, study delay, loss of earning capacity and non‑material damage. Which items qualify for compensation depends on the circumstances, the injury and the supporting evidence.
Also pay attention to time limits. Special rules apply to minors, and a claim against a WAM‑insurer has its own statutory regulation. Have time limits assessed in good time; a general time limit cannot be applied without regard to the concrete situation.
If liability is established, reasonable costs for determining damage and liability and for obtaining satisfaction out of court may, under conditions, be eligible for reimbursement. Whether and to what extent this is the case depends on the file.
Has your child had an accident? Arslan Advocaten can review your legal position, the evidence required and the steps to be taken with you. Contact us for an assessment tailored to your situation.
Sources: Article 185 Wegenverkeerswet 1994, Article 6 Wet aansprakelijkheidsverzekering motorrijtuigen, Article 3:310 BW, Article 6:96 BW and Hoge Raad jurisprudence 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
