Representation of Minors in Personal Injury Cases in Rotterdam
In Rotterdam, representation of minors means that parents or legal representatives take legal action on behalf of children under 18, such as filing a personal injury claim after an accident. This safeguards the child's interests, as they cannot enter into binding agreements themselves. For residents of Rotterdam, this is essential following accidents in the bustling port city or on cycling routes.
What Exactly is Representation of Minors?
Representation of minors ensures that a child under 18 does not make decisions alone on major matters, such as receiving compensation. Parents do this based on parental authority. This prevents children in Rotterdam from being disadvantaged due to a lack of legal knowledge.
Personal injury claims in Rotterdam often arise from cycling accidents on the Willemsbrug, errors at Erasmus MC, or injuries during football matches at Excelsior. The representative negotiates with the insurer but does not settle hastily. This article covers the rules from a personal injury perspective, with a focus on Rotterdam. Contact the Juridisch Loket Rotterdam for free advice. Read our article on personal injury for minors.
Legal Basis for Representation
The foundation is found in Book 1 of the Civil Code (BW), Title 8 on parental authority:
- Art. 1:247 BW: Parents exercise parental authority jointly, including representation of the child in legal and extrajudicial matters.
- Art. 1:248 BW: This covers legal acts such as entering into contracts.
- Art. 1:252 BW: Key limitation: settlements or dispositions affecting assets (such as injury compensation) require approval from the sub-district court judge at the District Court of Rotterdam if the amount exceeds half of the child's assets or involves risks. In Rotterdam personal injury practice, this applies standardly to settlements from around €7,000 (2023, indexed).
Since January 1, 2018, the procedure at the District Court of Rotterdam has been simplified: the sub-district court judge assesses whether the settlement is fair and child-friendly.
Who Represents a Minor in Rotterdam?
The order of representatives:
| Representative | Conditions | Role in Rotterdam Personal Injury Cases |
|---|---|---|
| Parents with parental authority | Standard for married/cohabiting parents | Initiate claim with Municipality of Rotterdam or insurer, negotiate with court approval |
| Sole parent | In cases of death, divorce, or deprivation of authority | Only if joint action is not possible |
| Guardian | Appointed by District Court of Rotterdam without parents | Full mandate, with annual accountability |
| Curator/mentor | For adults with limitations | Rarely relevant for children |
Example: After a cycling collision on the Erasmusbrug, parents of a 12-year-old Rotterdam resident file a joint claim. For divorced parents, they act together, or the District Court of Rotterdam grants unilateral authority.
Step-by-Step Guide for Personal Injury Representation in Rotterdam
The process for claims in Rotterdam:
- Report the claim: Parents notify the liability insurer and gather evidence such as reports from Erasmus MC or police reports from the Municipality of Rotterdam.
- Negotiate: Insurer offers pain and suffering compensation, medical costs, and loss. Parents consult but do not accept lightly.
- Settle: Approval from sub-district court judge at District Court of Rotterdam required (Art. 1:252 BW). Lawyer submits request with medical and financial details.
- Disburse: Amount placed on blocked account until age 18, or in installments.
Practice example: A 15-year-old from Rotterdam-South sustains brain injury in a tram accident. Parents arrange a €50,000 settlement; the sub-district court judge at the District Court of Rotterdam approves it after expert advice, aligning with future costs.
Rights and Obligations of Representatives
Rights:
- Act on behalf of the child with full authority.
- Access medical records (with consent).
- Assistance from personal injury lawyer, often no-win-no-fee via Juridisch Loket Rotterdam.
Obligations:
- Always prioritize the child's best interests (Art. 1:247(2) BW).
- Avoid personal gain (no rushed, low settlements).
- Maintain records; guardians submit annual accounts to District Court of Rotterdam.
- In parental disputes: District Court of Rotterdam decides.
Frequently Asked Questions about Representation of Minors in Rotterdam
Can a child file a claim themselves?
No, minors cannot enter valid agreements. Always through a representative. After turning 18, revision possible (Art. 3:44 BW).
What if parents disagree?
District Court of Rotterdam appoints special representative (Art. 1:253 BW), which takes time.
Always need a lawyer?
Not mandatory, but advisable for complex Rotterdam cases. Experts secure more from insurers.
How long for court approval?
4-8 weeks at District Court of Rotterdam, shorter for simple cases.
Tips for Parents in Rotterdam
If your child is injured:
- Document everything: Erasmus MC bills, school reports, Municipality of Rotterdam police reports.
- Engage a specialized lawyer immediately via Juridisch Loket Rotterdam.
- Review settlement for future needs, such as regional rehabilitation.
- Report accidents promptly to the municipality for traffic data support.