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Short Limitation Period for Personal Injury Claims in Den Haag

Den Haag: 3-year short limitation period for personal injury claims against insurers. Tips for residents after accidents. Visit Juridisch Loket Den Haag! (118 characters)

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Short Limitation Period for Personal Injury Claims in Den Haag

In Den Haag, the short limitation period for personal injury claims of three years applies to claims against the liable party's insurer. This rule is essential for residents of Den Haag after accidents in busy traffic or local incidents, and it differs from the general five-year period against the wrongdoer. Act quickly to secure your right to compensation, for example via the Juridisch Loket Den Haag.

What does the short limitation period mean for injury in Den Haag?

After personal injury from a traffic accident on the Utrechtsebaan, a trip in the city center, or a medical error in a Den Haag hospital, you can claim compensation. The short limitation period for personal injury claims of three years applies exclusively to claims against the liability insurer of the wrongdoer. For Den Haag residents, this is often the first point of contact, as most wrongdoers are insured.

This period protects insurers from prolonged uncertainty. Without prompt action, your claim prescribes, even if symptoms worsen. This article explains the Den Haag practice with local examples and advice. See also our overview of limitation periods for personal injury claims.

Legal basis

The short limitation period for personal injury claims is set out in Article 7:941(1) of the Civil Code (BW). Claims under liability insurance policies prescribe after three years from:

  • the notice of liability served on the insured (wrongdoer), or
  • the event that obliges the insurer to make payment.

This differs from the standard period under Article 3:310 BW of five years against the wrongdoer personally. Against the insurer in Den Haag proceedings, it is therefore shorter: three years.

Comparison of limitation periods for personal injury claims
Against whom? Statute Period Starting point
Wrongdoer Art. 3:310 BW 5 years Event or discovery of damage + liability
Insurer Art. 7:941 BW 3 years (short period) Notice of liability or event

When does the period start in Den Haag cases?

The short limitation period starts depending on the facts:

  1. Notice of liability: From your written claim to the insurer.
  2. Event: The moment of the incident, if it immediately triggers the insurer's payment obligation.

In Den Haag, it often starts with the claim letter, after recovery and evidence gathering. For prolonged injury (such as after a fall on Scheveningen), suspension may apply, but case law is strict (Supreme Court 22 April 2016, ECLI:NL:HR:2016:846). Consult the Rechtbank Den Haag for specific cases.

Den Haag practice examples

Example 1: In 2020, you cycle into a car on the Grote Marktstraat and get injured. Notice of liability to the car insurer in July 2021: period runs until July 2024. Too late? No pain and suffering or costs compensation.

Example 2: In a 2019 construction accident involving the Gemeente Den Haag, you claim against the occupational insurer in 2022. Period starts 2022, ends 2025. PTSD discovered later? Consult an expert.

Example 3: Medical error at HagaZiekenhuis in 2021, causation discovered in 2023. Against the doctor: 5 years from 2023, but against the professional liability insurer: 3 years from claim.

Rights and obligations in Den Haag

Rights:

  • Interruption via tolling letter (Art. 3:316 BW): Specific letter sent by registered mail.
  • Direct claim against insurer (Art. 6:96 BW).
  • Suspension upon acknowledgment and advances for residual damage.

Obligations:

  • Report incidents promptly.
  • Cooperate with medical information, no misleading.

Frequently asked questions

Can the period be interrupted?

Yes, with a tolling letter (Art. 3:316 BW). Interrupts for one month. Get help from a Den Haag lawyer via the Juridisch Loket Den Haag.

Does it apply to pain and suffering?

Yes, to all damage including non-material. Prescription blocks everything.

No response from insurer?

Send tolling letter, engage personal injury lawyer. After two weeks: summons at Rechtbank Den Haag.

Difference for traffic accidents?

Same rules for motor insurance, but check policy for passengers (Art. 8 WAM). Many bike accidents in Den Haag!

Tips for Den Haag residents

Prevent prescription: report immediately to the insurer, gather evidence, and send a tolling letter. Visit the Juridisch Loket Den Haag for free advice or a local personal injury lawyer. For court proceedings: Rechtbank Den Haag. Download our checklist for quick action after accidents in the city.

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