What is the 50% rule for personal injury in Zoetermeer?
For personal injury in Zoetermeer, the 50% rule applies: if you are at least 50% liable for an accident, you can no longer receive compensation. This rule can strongly influence your claim. Learn how it works and what your options are at the District Court of The Hague.
The 50% rule forms a cornerstone of Dutch damages compensation law, also in Zoetermeer. You receive no compensation if you are 50% or more yourself liable for the injury. This is stated in article 6:106 of the Civil Code (CC). It functions as a liability threshold for cases in which the victim is partly responsible themselves.
How does the 50% rule work in practice?
Under the 50% rule, liability is divided proportionally. In case of 30% own fault, the other party compensates 70% of the damage. However, at 50% or more, all compensation lapses. Keep this in mind when filing a personal injury claim in Zoetermeer.
Example: Cycling accident in Zoetermeer
You are cycling in Zoetermeer and get hit because you ran a red light. The District Court of The Hague rules: you 40% liable, motorist 60%. You receive 60% damage compensation. At 50%+ own fault, it would be nil.
Example: Local workplace accident
As a construction worker in Zoetermeer, you ignore safety rules and fall. At 50% or more own fault, the employer or WIA denies compensation, in accordance with the 50% rule.
Legal basis
Article 6:106 CC regulates this explicitly:
In case of the victim's own fault, the compensation is reduced proportionately. If the victim's share is 50% or more: no compensation.
Article 6:101 CC adds: the causer compensates damage, unless not attributable. In Zoetermeer, the District Court of The Hague (district) assesses this on a case-by-case basis.
Areas of application of the 50% rule
Relevant in Zoetermeer for:
- Traffic accidents: Cyclist ignores stop sign.
- Workplace accidents: Safety rules ignored.
- Home accidents: Own carelessness.
- Sports accidents: Irresponsible course of play.
Example: Multiple parties in traffic
Two cars collide in Zoetermeer: first too fast (60% fault), second too late swerving (40%). Second receives 60% compensation, but own fault reduces the net amount.
Determination of liability
Judge or insurer decides, often with input from the victim. Factors:
- Traffic rules: Complied with or not?
- Circumstances: Weather, visibility.
- Behavior: Alcohol, speed.
- Witnesses: Statements and evidence.
In doubt? Contact the Legal Aid Office Zoetermeer for free advice or engage a local personal injury lawyer at the District Court of The Hague.