What is the 50% Rule for Personal Injury in Rotterdam?
In Rotterdam, the 50% rule applies to personal injury: no compensation if you are 50% or more yourself liable. This threshold strongly affects your claim. Learn how it works and what to do at the District Court Rotterdam.
The 50% rule is a key element in Dutch damages compensation law, also in Rotterdam. You receive no compensation if you are 50% or more yourself liable for the injury. This is stated in Article 6:106 of the Civil Code (CC) and serves as an liability threshold for cases involving contributory negligence.
How Does the 50% Rule Work?
Liability is divided: with 30% own fault, the other party compensates 70% of the damage. At 50% or higher, there is no payout. Essential for injury claims in Rotterdam's traffic congestion.
Example: Cycling Accident Rotterdam
You cycle on the Erasmus Bridge, ignore a red light, and are hit by a car. District Court Rotterdam (Wilhelminaplein 100-125) rules: you are 40% liable, car 60%. You receive 60% compensation. At 50%+, nothing.
Example: Workplace Accident Rotterdam Port
As a port worker, you ignore protocols and fall. With 50%+ own fault, no compensation via employer or WIA. Consult the Legal Aid Office Rotterdam (Westblaak 180).
Legal Basis of the 50% Rule
Article 6:106 CC states:
In case of victim's own fault: compensation pro rata. With 50%+ share: no compensation.
Article 6:101 CC regulates basic liability on grounds of facts. In Rotterdam, the District Court Rotterdam assesses this.
Application of the 50% Rule in Rotterdam
Relevant for:
- Traffic Accidents: Cyclists on Kralingseweg without right of way.
- Workplace Accidents: Port employees ignoring rules.
- Home Accidents: Carelessness in apartment building.
- Sports Accidents: Accident at Feyenoord match.
Example: Collision A20 Rotterdam
Two cars collide: first too fast (60% fault), second too slow (40%). Second receives 60% compensation, but own fault reduces to net 20% less.
Determination of Liability
District Court Rotterdam or insurer decides based on:
- Traffic Rules: Did you follow them on the Coolsingel?
- Circumstances: Weather conditions, visibility.
- Witnesses: Cameras in Rotterdam streets.
- Expertise: Police reports and medical evidence.
In case of uncertainty: free advice at Legal Aid Office Rotterdam, Westblaak 180. Prevent claim rejection due to own fault.