Evidence in Cases of Partial Liability in Personal Injury
Proving partial fault requires solid evidence. Discover how insurers and judges determine the 50% threshold and how to defend yourself.
In personal injury cases, everything revolves around evidence for the apportionment of liability (art. 6:101 BW). Insurers use witness statements, camera footage, and police reports to establish your percentage of fault. If it exceeds 50%, your claim fails.
How is evidence gathered?
Judges rely on objective evidence such as black box data or medical reports. Subjective factors such as 'traffic insight' carry significant weight. In 70% of cases, an expert determines causality.
Example: Scooter Accident
You are speeding (evidence: GPS data), the other party turns without signaling. Expert estimates your fault at 45%, so you receive 55% compensation. At 55% fault: zero.
Tip: Keep all documents and immediately commission a counter-expertise to challenge the 50% threshold.