Evidence in Cases of Partial Liability in Personal Injury in Amsterdam
In the busy streets of Amsterdam, successful personal injury claims depend on evidence of partial fault. Learn about witnesses, dashcams, and expert reports that determine the 50% threshold on the canals and bike paths.
In personal injury cases in Amsterdam, everything revolves around evidence for the apportionment of liability (art. 6:101 BW). Insurers analyze witness statements from cyclists on the Damrak, camera footage from the Municipality of Amsterdam, and police reports from the traffic police to establish your percentage of fault. If it exceeds 50%, your claim lapses – crucial in a city full of scooters and e-bikes.
How is evidence collected in Amsterdam?
Judges in the Amsterdam District Court base their decisions on objective evidence such as black box data from taxis on the Ring A10 or medical reports from the OLVG. Subjective factors such as 'traffic insight' in the busy city center carry significant weight. In 70% of Amsterdam cases, a traffic expert determines causality, often using ANWB data from the city.
Example: Scooter Accident on the Amstel
You are speeding down the Sarphatistraat (evidence: GPS data from your scooter app), while the other party turns onto the Blauwbrug without signaling. An expert from the Amsterdam Traffic Council estimates your fault at 45%, so you receive 55% compensation. At 55% fault: zero compensation, despite the chaos on the bridge.
Tip: Keep all documents, such as OV-fiets receipts or tram camera recordings, and immediately commission a counter-expertise from a local personal injury lawyer to challenge the 50% threshold. In Amsterdam, it pays to act quickly due to the high density of traffic accidents.