Liability Act for Personal Injury in Rotterdam: Rules and Pitfalls

The Act on the Settlement of Mass Damage in the Personal Injury Class (Wamkl) regulates the efficient settlement of personal injury claims in Rotterdam, particularly in traffic accidents on the busy Erasmus Bridge or A20 and medical errors at Erasmus MC. Victims from Rotterdam-South or the port are entitled to an advance within six months and final settlement within three years. Insurers follow a protocol with independent medical expertise, crucial for claims following industrial accidents in the Maasstad. Pitfalls: late notification leads to limitation after five years (art. 3:310 BW). Non-pecuniary loss depends on the duration and intensity of the injury, such as in bicycle accidents in the city centre. The personal liability insurance (AVP) often covers, but excludes fraud. In disputes, mediation via NMi is mandatory; the District Court of Rotterdam recently handled a case on disproportionate discounts in a workplace accident in the port. Victims must document all damage: material, immaterial and relational suffering, including costs for Rotterdam rehabilitation centres. The Quality, Complaints and Disputes in Healthcare Act (Wkkgz) applies to medical claims in local hospitals. Employers with payroll insurance see premium impact for employee injuries. Experts advise claim handlers for complex Rotterdam cases, such as asbestos exposure. This act promotes speed and fairness, but requires vigilance on deadlines in the bustling port city. (218 words)