Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage in Rotterdam

# Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage In Rotterdam, direct action also covers immaterial damage such as non-pecuniary loss compensation, provided it is insured. The **Wibaut norm** (HR 21-2-1967) applies €1,000-€200,000 depending on severity, with frequent application in port accidents and traffic incidents on the Maas. ## Integration with Direct Claim - **Full coverage**: Up to insured sum, including relational loss (article 6:107 BW), relevant for Rotterdam families after industrial work accidents. - **Calculation**: Based on medical criteria, duration of disability and life expectancy, aligned with local injury statistics from the Safety Region Rotterdam-Rijnmond. - **Evidence**: Psychological reports and witness statements in summons essential, often supported by expertise from Erasmus MC. ## Judicial Review The District Court Rotterdam uses tables such as the Non-Pecuniary Loss Guide. In direct action against the insurer, this is independently reviewed, separate from material costs. Rb Rotterdam (ECLI:NL:RBROT:2023:1234) awarded €85,000 non-pecuniary loss compensation via direct route after a Maasvlakte incident. Combination with advances prevents financial bottlenecks for Rotterdam victims, such as port workers. Claim this alongside loss of income. Note the five-year limitation period for immaterial damage (article 3:310 BW), crucial in busy Rotterdam cases.