Partial Dispute Procedure in Personal Injury | Amsterdam

Partial Dispute Procedure in Personal Injury | Amsterdam

The partial dispute procedure provides Amsterdam residents with personal injury claims a fast track to the sub-district judge of the Amsterdam District Court. It allows you to resolve a specific dispute without waiting for the full case, ideal for urgent financial support such as an advance payment. In the vibrant city of Amsterdam, where cycling accidents and heavy traffic often result in claims, this is a practical solution for complex matters.

What is a partial dispute procedure for Amsterdam residents?

In personal injury cases, a partial dispute procedure is an interim proceeding at the Amsterdam District Court focused on one aspect of the dispute, such as liability, an advance payment, or medical expenses. Unlike a lengthy full trial that can drag on for years, this often results in a ruling within months. This prevents victims from facing financial hardship while the total damage is being assessed.

This procedure makes justice more accessible and discourages delays. For Amsterdam residents injured in canal accidents or workplace incidents, it provides immediate compensation for lost income and care costs. Without it, the opposing party might delay, causing additional suffering.

Legal basis

The partial dispute procedure is governed by Article 101 of the Code of Civil Procedure (Rv). The sub-district judge of the Amsterdam District Court decides on individual issues that advance the main case. In injury cases, this ties into Article 6:162 of the Civil Code (unlawful act) and Article 7:942 of the Civil Code (damages). For individual claims in Amsterdam, Article 101 Rv is key; the ruling is provisionally binding but can be revisited later.

Contact the Amsterdam Legal Aid Desk for free advice on your options.

Application in personal injury cases in Amsterdam

Amsterdam residents often initiate this when insurers respond slowly. Request an advance for medical costs, lost wages, or pain and suffering compensation. It cannot cover the full claim. The sub-district judge assesses whether it expedites the case and has merit. Court fees are around €85; attorney costs are often covered by insurance or recoverable.

Conditions to initiate

• The partial issue must be capable of standalone resolution.
• Urgent need, such as payment problems.
• Main case is still pending.
• Proof of failed negotiations required.

Practical examples for Amsterdam

Suppose you are hit by a car while cycling on the Amstel and cannot work. The insurer admits liability but refuses an advance. At the Amsterdam District Court, you claim €10,000 based on payslips and medical reports – approved within three months to cover your bills.

Or after a fall at a construction site in the city: seek funding for physiotherapy. The procedure resolves this quickly without assessing total disability. In Amsterdam, claimants win around 70% of personal injury partial disputes, per court statistics.

Rights and obligations

You have the right to expedited and binding decisions. Provide medical and financial information. The defendant must respond; objections are possible. The procedure does not toll limitation periods – act promptly. Recover costs if successful; pay court fees and comply with the ruling.

Comparison: Partial Dispute vs. Full Trial

Contact the Amsterdam Legal Aid Desk or a local personal injury lawyer for guidance.