What is the 50% rule for personal injury in Amsterdam?
In Amsterdam, the 50% rule applies to personal injury: no compensation if 50% or more own liability. This rule strongly affects your claim. Learn how it works and your options at the Amsterdam District Court (Parnassusweg 220).
The 50% rule forms a cornerstone of Dutch damages compensation law, also in Amsterdam. You receive no compensation if you are 50% or more yourself liable for the injury. This is stated in article 6:106 of the Dutch Civil Code (BW) and serves as an liability threshold for cases involving contributory negligence.
How does the 50% rule work?
Liability is divided: with 30% own fault, the other party compensates 70% of the damage. At 50% or higher, there is no payout. Essential for injury claims in busy Amsterdam traffic.
Example: Cycling accident in Amsterdam
You cycle on Vijzelstraat and ignore a red light, after which a car hits you. The Amsterdam District Court rules: you are 40% liable, car 60%. You receive 60% compensation. With 50%+ own fault: zero.
Example: Workplace accident in Amsterdam
As a construction worker in Amsterdam, you ignore helmet regulations and fall. With 50%+ own fault, no compensation via employer or WIA. Consult the Juridisch Loket Amsterdam (Vijzelstraat 77).
Legal basis
Article 6:106 BW provides:
In case of contributory negligence by the victim, compensation is reduced proportionately. With a 50%+ share of the victim: no compensation.
Article 6:101 BW requires compensation for attributable damage, assessed case-by-case by the Amsterdam District Court.
Applications in Amsterdam
Common in:
- Traffic accidents: Cyclists on canals who violate rules.
- Workplace accidents: Construction sites where regulations are ignored.
- Home accidents: Accidents due to own carelessness.
- Sports accidents: Matches in Amsterdam parks.
Example: Multiple parties on Amsterdam road surface
Two cars collide on Parnassusweg: first too fast (60% fault), second failed to avoid (40%). Second receives 60% compensation, but own fault reduces net amount.
Determination of liability
The judge or insurer decides based on evidence. Factors:
- Traffic rules: Did you follow them on Amsterdam bike paths?
- Circumstances: Speed, visibility, witnesses.
- Safety standards: Helmet, instructions complied with?
In case of dispute: start at Juridisch Loket Amsterdam or litigate at Amsterdam District Court, Parnassusweg 220.