What happens to your personal injury claim if the responsible party goes bankrupt? And what if you yourself encounter financial problems due to your injury? This article discusses the overlap between personal injury claims and financial insolvency with a focus on Zoetermeer.
Bankruptcy of the Liable Party
If the person who caused your injury is declared bankrupt, this impacts your damage claim.
Different Scenarios
| Scenario | Effect | Possible Action |
|---|---|---|
| Individual with liability insurance | Direct claim against insurer | Submit claim to insurer |
| Employer with business liability insurance | Direct claim against insurer | Submit claim to insurer |
| Company without coverage | Concurrent claim | Report claim to trustee |
| Vehicle damage | Motor Vehicle Liability Insurance mandatory | Claim against WAM insurer |
Direct Claim against Insurer
With a liability insurance policy, as the injured party you can directly file a claim against the insurer (Article 7:954 DCC).
Advantages of Direct Action
- Independent of the insured's bankruptcy
- No competition with other creditors
- Insurer pays directly to you
- No dependence on trustee
Limitations of Direct Action
- Limited to the insured maximum amount
- Damage exceeding this amount is not covered
- Policy exclusions may apply
No Insurance Present
If the liable party has no insurance, your claim becomes an ordinary claim in the bankruptcy.
Step-by-Step Plan
- Submit claim to the trustee
- Trustee assesses and registers the claim
- Verification during verification meeting
- Payout (if funds are available)
Expected Payout Percentage
For ordinary claims, you often receive only a fraction of your claim (0-10% is common). Personal injury claims have no priority over other debts.
Guarantee Funds as a Solution
In some cases, guarantee funds can provide assistance for personal injury claims.
Relevant Funds
| Fund | Application | Coverage |
|---|---|---|
| Motor Traffic Guarantee Fund | Uninsured/unknown vehicle | Full damage compensation |
| Crime Victims Compensation Fund | Victim of violent crime | Limited to maximum amounts |
Financial Problems due to Injury in Zoetermeer
Injury can lead to loss of income and financial stress, sometimes resulting in debts or a debt restructuring procedure.
Protection of Damage Payouts
A personal injury payout has some protection:
- Non-pecuniary damages: not subject to attachment (Article 475c CCP)
- Material damage: subject to attachment
- Debt restructuring: non-pecuniary damages can remain outside the estate
Debt Restructuring and Personal Injury Claims
In debt restructuring (WSNP), specific rules apply to personal injury payouts.
Key Points of Attention
- Report ongoing matters to the administrator
- Non-pecuniary damages can be kept outside the estate
- Material compensation falls into the estate
- Earmark damage payouts for clarity
Advances and Risk of Attachment
Creditors can attach advances you receive during the handling of your claim.
Practical Advice
- Request splitting of advances into non-pecuniary and material damage
- Deposit non-pecuniary damages separately into an account
- Seek legal help for financial problems
- Consider protective administration in Zoetermeer
Summary
The combination of personal injury claims and insolvency is complex. Key points:
- For insured liable parties, direct action against the insurer provides certainty
- Without insurance, recovery options are limited
- Non-pecuniary damages are protected against attachment
- In financial problems: seek timely help from the Legal Desk Zoetermeer
Frequently Asked Questions about Personal Injury Claims and Bankruptcy
What happens to my claim in the event of bankruptcy of the counterparty?
If the counterparty is insured, you can claim directly from the insurer. Without insurance, your claim becomes a concurrent claim with a low chance of payout.
Can non-pecuniary damages be recovered by creditors?
No, non-pecuniary damages are protected against attachment pursuant to Article 475c CCP.
What if I am in debt restructuring myself?
Non-pecuniary damages can be kept outside the estate, but material damage compensation generally falls into the estate.
Where can I get help in Zoetermeer?
You can contact the Legal Desk Zoetermeer for free legal advice on personal injury claims and insolvency.