Short Limitation Period for Personal Injury Claims in Rotterdam
For residents of Rotterdam, the short limitation period for personal injury claims is three years to file a claim with the liable party's insurer. This rule is essential for accidents in the bustling port city, such as bike collisions on the Erasmus Bridge or slips in the Markthal, and differs from the general five-year period against the tortfeasor themselves. Act quickly to protect your rights, and contact the Rotterdam Legal Aid Office for free advice.
What does the short limitation period mean for injuries in Rotterdam?
After personal injury from a traffic accident on the A20, a slip on a Rotterdam quay, or a medical error at a local hospital, you can claim compensation. The short limitation period for personal injury claims of three years applies only to claims against the liability insurer of the party at fault. In practice, this is your first point of contact, as tortfeasors are typically insured.
This period protects insurers from indefinite claims. Without prompt action, your right to compensation lapses, even if symptoms worsen. This article explains the Rotterdam practice with local examples and tips. See also our overview of limitation periods for personal injury claims.
Legal basis
The short limitation period for personal injury claims is set out in Article 7:941(1) of the Dutch Civil Code (DCC). Claims under a liability insurance policy become time-barred after three years from:
- the notice of liability served on the policyholder (tortfeasor), or
- the event that triggers the insurer's obligation to pay.
This differs from the standard period for tort under Article 3:310 DCC (five years from the event or the manifestation of damage). Against the tortfeasor: five years; against the insurer at the District Court of Rotterdam: three years.
| Against whom? | Statute | Period | Starting point |
|---|---|---|---|
| Tortfeasor | Art. 3:310 DCC | 5 years | Event or manifestation of damage + identification of tortfeasor |
| Insurer | Art. 7:941 DCC | 3 years (short period) | Notice of liability or event |
When does the period start in Rotterdam cases?
The short limitation period starts depending on the facts:
- Notice of liability: From your written claim to the insurer.
- Event: The moment of the incident, if it triggers payment.
In Rotterdam cases, it often starts with the claim, after recovery and evidence gathering. For long-term injuries (such as whiplash), suspension may apply, but case law is strict (Supreme Court 22 April 2016, ECLI:NL:HR:2016:846). The District Court of Rotterdam applies this rigorously.
Rotterdam practice examples
Example 1: In 2020, you cycle down the Coolsingel and collide with a car, sustaining injury. Notice of liability to the car insurer in July 2021: period runs until July 2024. Too late? No pain and suffering compensation or reimbursement of costs.
Example 2: After a fall at a construction site in the port in 2019, you claim against the occupational liability insurer in 2022. Period: 2022-2025. PTSD manifests publicly in 2023? Check with the Rotterdam Legal Aid Office.
Example 3: Medical error at a Rotterdam clinic in 2021, causation discovered in 2023. Against the doctor: 5 years from 2023; against the professional liability insurer: 3 years from claim.
Rights and obligations in Rotterdam
Rights:
- Interruption via tolling letter (Art. 3:316 DCC): A specific registered letter stops the clock.
- Direct claim against insurer (Art. 6:96 DCC), without first approaching the tortfeasor.
- New period upon acknowledgment and advances for residual damage.
Obligations:
- Report promptly to the Municipality of Rotterdam or insurer.
- Cooperate with medical information, no deception.
Frequently asked questions Rotterdam
Can the period be interrupted?
Yes, with a tolling letter (Art. 3:316 DCC). Interrupts for one month; repeat after response. Get help from a Rotterdam personal injury lawyer.
Does it apply to pain and suffering?
Yes, to all damage including pain and suffering. Limitation blocks everything.
No response from insurer?
Send tolling letter, engage a lawyer. After two weeks: summons at District Court of Rotterdam.
Difference for Rotterdam traffic accidents?
Same rules for motor vehicle liability insurance, but check policy for port or bike accidents.
Tips for Rotterdam residents
To avoid issues: send a tolling letter immediately, gather evidence, and contact the Rotterdam Legal Aid Office for free assistance. For proceedings: District Court of Rotterdam. Choose a local specialist for port and bike accidents.