Predisposition in Personal Injury Law in Amsterdam

## Predisposition and the Thin Skull Rule in Amsterdam Amsterdam's busy streets, extensive cycling infrastructure, and vibrant urban life inevitably lead to accidents — from collisions on the Amstelveenseweg to incidents on the city's tram network. When an accident victim in Amsterdam has a pre-existing medical condition, the concept of predisposition (*predispositie*) becomes a central issue in their personal injury claim. Dutch law provides robust protection through the thin skull rule. ### The Concept of Predisposition Predisposition in legal terms refers to a victim's pre-existing susceptibility to injury or illness. This may include conditions such as osteoporosis, prior spinal surgery, a psychological vulnerability like depression, or a chronic condition such as ME/CFS. The tortfeasor — the party who caused the accident — may argue that the victim's injuries are partly or wholly attributable to this pre-existing condition rather than the accident itself. ### The Thin Skull Rule: Dutch Legal Framework The Dutch Supreme Court (*Hoge Raad*) has consistently held that the liable party must take the victim as they find them. This foundational principle means that if a cyclist in Amsterdam with a pre-existing neck condition is struck by a car and suffers severe whiplash-related complaints, the driver's insurer cannot reduce the claim merely because a healthier person might have recovered more quickly. The legal basis for this rule lies in the doctrine of causation and the concept of full compensation (*volledige schadevergoeding*) embedded in Articles 6:95 to 6:110 of the Dutch Civil Code. ### Medical Evidence: Amsterdam UMC and OLVG Amsterdam is home to two major hospital networks that feature prominently in personal injury cases: - **Amsterdam UMC** (with locations at the VU Medical Center and AMC) provides specialised trauma care and is frequently involved in complex cases requiring neurological, orthopaedic, or psychiatric assessment. - **OLVG** (with locations in Oost and West) is one of the busiest hospitals in the Netherlands and treats a high volume of accident victims. Medical records from these institutions are critical evidence in predisposition disputes. The key question is whether the victim was symptomatic or asymptomatic before the accident. If you were leading a normal, active life in Amsterdam — commuting by bike, working full-time, enjoying the city — despite your pre-existing condition, this strongly supports the argument that the accident caused your current complaints. Independent medical examinations are often conducted by specialists affiliated with Amsterdam's academic hospitals. These experts are asked to provide an opinion on the causal relationship between the accident and the current complaints, taking the pre-existing condition into account. ### How Amsterdam District Court Handles These Cases The Rechtbank Amsterdam on Parnassusweg regularly hears personal injury cases involving predisposition arguments. The court follows a well-established analytical framework: 1. **Was the victim symptomatic before the accident?** If not, the full damage is generally attributed to the accident. The pre-existing condition is treated as a latent vulnerability that was activated by the tortfeasor's wrongful act. 2. **Would the condition have manifested independently?** The defendant bears the burden of proving — with concrete medical evidence, not mere speculation — that the pre-existing condition would have caused similar complaints within a specific, foreseeable timeframe. Vague assertions that "the condition would eventually have caused problems" are typically rejected. 3. **Accelerated onset or increased severity?** In some cases, the court recognises that the accident may have accelerated the onset of symptoms that would eventually have appeared. Here, a nuanced approach may be applied, potentially limiting the duration of the damage period rather than reducing the overall compensation. ### Cycling Accidents and Predisposition in Amsterdam Given Amsterdam's status as a cycling capital, a significant number of predisposition cases involve cyclists. A common scenario: a cyclist with a pre-existing lower back condition is hit by a car or involved in a collision with another cyclist, leading to severe and lasting back complaints. Dutch traffic law (Article 185 of the Road Traffic Act) provides enhanced protection for cyclists and pedestrians in accidents involving motor vehicles. Combined with the thin skull rule, this means that a motorist who injures a vulnerable cyclist faces a heavy liability burden. The cyclist's pre-existing back condition does not reduce the motorist's responsibility. ### Practical Advice for Amsterdam Residents - **Maintain a detailed medical history.** Ensure your GP (*huisarts*) maintains thorough records. If you have a known pre-existing condition, regular documentation of your functional capacity is valuable. - **Report the accident properly.** File a police report and seek immediate medical attention, even if symptoms seem mild initially. Delayed onset of symptoms is common in predisposition cases and can complicate causation arguments. - **Be cautious with insurer communications.** Insurers operating in Amsterdam frequently employ medical advisors who scrutinise pre-existing conditions. Do not provide medical releases or statements without first consulting a personal injury lawyer. - **Know your rights.** Under Dutch law, you are entitled to reimbursement of legal costs as part of your claim. Engaging a specialist personal injury lawyer does not have to cost you anything out of pocket. ### Conclusion In Amsterdam, as throughout the Netherlands, the thin skull rule ensures that accident victims with pre-existing vulnerabilities are not penalised for their medical history. Whether you were injured while cycling along the Vondelpark, in a traffic accident on the A10 ring road, or in a workplace incident in the Zuidas business district, the liable party must compensate you for the full extent of your harm. ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** specializes in personal injury claims involving predisposition and complex legal cases across the Netherlands. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation - Specialists in predisposition personal injury claims