What is the 50% Rule for Personal Injury in Delft?
In Delft and surrounding areas, the 50% rule applies to personal injury: if you are 50% or more liable for an accident, your right to compensation lapses. This threshold strongly affects your claim. Learn how it works and what your options are at the District Court of The Hague.
The 50% rule forms a cornerstone of Dutch damages compensation law, also in Delft. You receive no compensation if your liability is 50% or higher for the injury. This is stated in Article 6:106 of the Civil Code (BW) and serves as a liability threshold for cases where the victim themselves significantly contributes to the incident.
How Does the 50% Rule Work in Practice?
Under the 50% rule, liability is divided proportionally. For 30% own fault, the counterparty compensates 70% of the damage. But for 50% or more own share, there is no payout. Essential for personal injury claims in Delft.
Example: Cycling Accident in Delft
You cycle in Delft city center and ignore a red light, after which a car hits you. The District Court of The Hague rules: you are 40% liable, the motorist 60%. You receive 60% compensation. For 50%+ own fault, it would be zero.
Example: Workplace Accident at Delft Construction Projects
As a construction worker in Delft, you ignore helmet regulations and fall. If your fault is 50% or more, the employer or WIA refuses payment. Consult the Juridisch Loket Delft for advice.
Statutory Basis in Article 6:106 BW
Article 6:106 BW specifies:
In case of the victim's own fault, the compensation is reduced proportionately. For 50% or more share of the victim: no compensation.
Article 6:101 BW supplements: the causer compensates, unless not attributable. In Delft, the District Court of The Hague (district) assesses facts specifically.
Areas of Application of the 50% Rule
Relevant in Delft for:
- Traffic Accidents: Cyclist crosses at Markt without right of way.
- Workplace Accidents: Safety rules ignored on TU Delft campus.
- Home Accidents: Inattention in Delft home.
- Sports Accidents: Reckless play at local hockey club.
Example: Collision at Delftse Poort
Two cars collide: first too fast, second fails to yield to cyclist. Judge: first 60% fault, second 40%. Second receives 60% compensation, but own fault reduces net payout.
Determination of Liability
District Court of The Hague or insurer determines based on:
- Traffic Rules: Did you follow them in Delft?
- Circumstances: Witnesses, cameras at Delft-Zuid station.
- Behavior: Alcohol, speed or negligence.
- Expertise: Police reports and medical evidence.
In case of uncertainty: contact Juridisch Loket Delft for free assistance.