Material versus Immaterial Damage: Differences and Combination in Amsterdam
In Amsterdam, material damage encompasses measurable costs such as hospital bills from OLVG or AMC and loss of income due to absence following a collision on the busy Ring A10 (article 6:95 BW). Immaterial damage concerns compensation for suffering (smartengeld) for pain and suffering, such as pain after a bicycle accident on the canals. Both forms are often combined in personal injury claims at the Amsterdam District Court.
Key Differences
| Aspect | Material | Immaterial |
|---|---|---|
| Calculation | Invoices from OLVG/AMC and payslips | Equity, Smartengeldgids and medical reports |
| Evidence | Quantifiable via receipts and employer statements | Medical specialists and subjective testimonies |
| Impact on Assets | Direct financial, e.g. lease bicycle repair | Psychological, such as trauma from tram accident |
Combining Claims in Amsterdam Context
Example from Amsterdam: After a traffic accident on the Zuidas, a victim claims €35,000 material (medical costs and loss of income) + €20,000 immaterial for PTSD. Full compensation via the subdistrict court requires claiming both. Tax-free, but set off against motor vehicle liability benefits or Amsterdam Municipality assistance.
Local strategy: Engage an Amsterdam personal injury lawyer for expertise in quantifying total damage, taking into account high cost of living and bicycle-related accidents. Use the Smartengeldgids for realistic amounts and maximize payout through negotiation with insurers.