Smartengeld Calculation in Cases of Multiple Causality: Golden Rules for Amsterdam
In Amsterdam, where bicycle accidents and tram incidents often lead to personal injury with multiple causes, smartengeld (non-material damage) is divided pro rata. Based on the Smartengeldgids and recent jurisprudence from the Rechtbank Amsterdam, this compensates for suffering such as pain, reduced enjoyment of life, and limitations in the vibrant city life.
Calculation Method in Amsterdam Practice
Total smartengeld x causal contribution percentage. In cases of pre-existing conditions, such as back complaints from daily cycling in the city, only the aggravation is compensated. The Hoge Raad (ECLI:NL:HR:2018:123) and local cases such as ECLI:NL:RBAMS:2022:456 involving an Amstelveen cyclist-under-car follow a holistic approach, with attention to urban risk factors.
Influence Factors with an Amsterdam Twist
- Age, family situation, and work in the Randstad.
- Duration and intensity of suffering, taking into account long waiting lists in Amsterdam hospitals.
- Medical future prospects, including rehabilitation at local centers such as the OLVG.
Examples from Amsterdam Cases
| Injury | Smartengeld Range | In Case of Causality (Amsterdam) |
|---|---|---|
| Whiplash (bicycle-tram collision) | €6,000-€28,000 | 50% in sharing, RBAMS 2023 |
| PTSD (accident on Damrak) | €12,000-€55,000 | Full under thin skull rule |
Tip for Amsterdammers: always claim high and substantiate with diaries plus testimonies from local witnesses. Consult personal injury lawyers in the Zuidas for maximum compensation.