What is the 50% Rule for Personal Injury in The Hague?
For personal injury in The Hague, the 50% rule applies: if you are at least 50% liable for an accident, you can no longer receive compensation. This rule can affect your claim. Read how it works and what to do, with help from local institutions such as The Hague District Court at Prins Clauslaan 60.
The 50% rule forms a cornerstone of Dutch damages compensation law, also in The Hague. 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, so that victims with a significant own contribution receive no payment.
How does the 50% Rule Work in Practice?
Under the 50% rule, liability is divided among parties. For 30% own fault, the other party compensates 70% of the damage. For 50% or higher, there is no compensation. Remember this when filing a personal injury claim at The Hague District Court (Prins Clauslaan 60).
Example: Cycling Accident in The Hague
You cycle through a red light at The Hague Central Station and are hit by a car. The judge rules: you 40% liable, driver 60%. You receive 60% damage compensation. For 50%+ own fault, nothing.
Example: Workplace Accident in the The Hague Region
As a construction worker in The Hague, you ignore safety rules and fall. If proof of 50%+ own fault by employer, no compensation via WIA or employer. Consult the Legal Aid Office The Hague (Lutherse Burgwal 10).
Legal Basis of the 50% Rule
Article 6:106 CC provides:
In case of partial causation by the victim themselves, the compensation is reduced proportionally. For a 50%+ share of the victim: no compensation.
Article 6:101 CC supplements: the damage causer compensates, unless not attributable. In The Hague, the The Hague District Court (Prins Clauslaan 60) assesses based on the facts.
Areas of Application of the 50% Rule in The Hague
Applicable in:
- Traffic Accidents: Failure to follow rules on The Hague roads.
- Workplace Accidents: Safety errors on construction sites.
- Home Accidents: Own carelessness in the home.
- Sports Accidents: Reckless play in The Hague clubs.
Example: Multiple Parties in Traffic Accident in The Hague
Two cars collide on Laan van Wateringsveld: first too fast (60% fault), second failed to avoid (40%). Second receives 60% compensation from first, but net less due to own share.
Determination of Liability in The Hague
The judge or insurer decides, often via The Hague District Court (Prins Clauslaan 60). Factors:
- Traffic Rules: Were they followed at The Hague intersections?
- Safety Measures: Used at work or home?
- Witness Statements: From bystanders or cameras.
- Police Report: From on-site investigation.
For free advice: Legal Aid Office The Hague, Lutherse Burgwal 10. They help with claims and avoid 50% pitfalls.