Representation of Minors in Personal Injury in Den Haag
In Den Haag, representation of minors means that parents or legal representatives take legal action on behalf of children under 18, such as filing a personal injury claim after an accident. This safeguards the child's interests, as the child cannot enter into binding agreements themselves. For residents of Den Haag, this is essential in claims for accidents in the city, such as bike collisions or tram incidents with HTM.
What exactly is representation of minors?
Representation of minors ensures that a child under 18 cannot make decisions on major matters, such as receiving compensation. Parents handle this through parental authority to prevent children from being shortchanged due to inexperience. In personal injury cases in Den Haag, this often arises in traffic accidents on busy roads like the Grote Marktstraat, medical errors in local hospitals, or injuries during youth soccer in Zuiderpark.
The representative negotiates with the insurer, but settlements require oversight. This article highlights the rules from a personal injury perspective for Den Haag. Read our article on personal injury involving minors. For questions: call the Juridisch Loket Den Haag for free advice.
Legal basis for representation
The foundation is in Book 1 of the Civil Code (BW), Title 8 on parental authority:
- Art. 1:247 BW: Parents exercise parental authority jointly, including representation of the child in and out of court.
- Art. 1:248 BW: This includes legal acts such as entering into contracts.
- Art. 1:252 BW: Key restriction: settlements or dispositions affecting assets (e.g., injury payouts) require approval from the sub-district judge at the Den Haag District Court if the amount exceeds half of the child's assets or involves risks. In practice, this applies to settlements from approximately €7,000 (2023, indexed).
Since January 1, 2018, the procedure at the Den Haag District Court has been streamlined: the sub-district judge reviews whether the settlement is fair and child-friendly.
Who may represent a minor in Den Haag?
The order of representatives:
| Representative | Conditions | Role in Den Haag Personal Injury |
|---|---|---|
| Parents with parental authority | Standard for married/cohabiting parents | Initiate claim, negotiate with insurer, settle after Den Haag District Court approval |
| Sole parent | In cases of death, divorce, or deprivation of authority | Only if joint action is not possible |
| Guardian | Appointed by Den Haag District Court without parents | Fully authorized, with annual accounting |
| Curator/mentor | In cases of limited legal capacity | Very uncommon for children |
Example: After a bike accident on the Scheveningseweg, both parents claim for their 12-year-old. In case of divorce, they must collaborate; otherwise, the Den Haag District Court decides on sole authority.
Step-by-Step Guide for Personal Injury Representation in Den Haag
The process for personal injury:
- Report the claim: Parents notify the liability insurer and gather evidence such as medical reports and police reports from Den Haag police.
- Negotiate: Insurer offers pain and suffering compensation, care costs, and loss of earnings. Parents consult but do not accept without review.
- Settlement: Requires approval from the sub-district judge at the Den Haag District Court (Art. 1:252 BW). Lawyer submits request with medical and cost overviews.
- Payment: Funds to a blocked account until age 18, or in installments.
Practical example: A 15-year-old suffers brain damage in a tram accident in Den Haag. Parents arrange a €50,000 settlement. The sub-district judge at the Den Haag District Court approves after expert advice, suitable for future care via the Municipality of Den Haag.
Rights and Obligations of Representatives
Rights:
- Act on behalf of the child with full authority.
- Access to medical records (with consent).
- Assistance from a personal injury lawyer (often no-win-no-fee).
Obligations:
- Always prioritize the child's best interests (Art. 1:247(2) BW).
- Avoid personal gain (no rushed, low settlements).
- Maintain records; guardians file annual accounts with the Den Haag District Court.
- In parental disputes: court decides.
Frequently Asked Questions on Representation of Minors in Den Haag
Can a child file a claim themselves?
No, minors cannot bind claims or settlements. Always through a representative. After turning 18, revision is possible (Art. 3:44 BW). Consult Juridisch Loket Den Haag.
What if parents disagree on the settlement?
The Den Haag District Court appoints a special representative (Art. 1:253 BW), which takes time.
Is a lawyer always required?
Not mandatory, but advisable for complex cases in Den Haag. Experts get more from insurers.
How long does court approval take?
4-8 weeks at the Den Haag District Court, shorter for simple cases.
Tips for Parents in Den Haag
If your child is injured:
- Document everything: bills, medical reports, school absences.
- Contact a personal injury lawyer immediately via Juridisch Loket Den Haag.
- Report to the Municipality of Den Haag for youth care or Wmo support.
- Avoid quick settlements; have the Den Haag District Court review.