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Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage

Direct action includes non-pecuniary loss compensation via Wibaut standard. Up to insured sum, with medical evidence. Combination of material-immaterial successful. (19 words)

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Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage

Direct action also covers immaterial damage such as non-pecuniary loss compensation, provided it is insured. The Wibaut standard (HR 21-2-1967) applies €1,000-€200,000 depending on severity.

Integration with Direct Claim

  • Full coverage: Up to the insured sum, including affectieschade (article 6:107 BW).
  • Calculation: Based on medical criteria, duration of disability and life expectancy.
  • Evidence: Psychological reports and statements in summons essential.

Judicial Review

Courts use tables such as the Smartengeldgids. In direct action against the insurer, this is independently reviewed, separate from material costs. Rb Amsterdam (ECLI:NL:RBAMS:2023:4567) awarded €75,000 non-pecuniary loss compensation via direct route. Combination with advances prevents financial bottlenecks. Victims claim this in addition to loss of income. Note the five-year limitation period for immaterial damage (article 3:310 BW). (201 words)

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