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

# Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage in Delft In Delft, with its busy student traffic and historic city centre, direct action also covers immaterial damage such as non-pecuniary loss compensation, provided it is insured. The **Wibaut standard** (HR 21-2-1967) applies €1,000-€200,000 depending on severity, relevant for local bicycle accidents around TU Delft. ## Integration with Direct Claim - **Full coverage**: Up to insured sum, including affection damage (article 6:107 BW), as in cases of family members of victims in Delft canal accidents. - **Calculation**: Based on medical criteria, duration of disability and life expectancy, aligned with regional care at Reinier de Graaf Hospital. - **Evidence**: Psychological reports and witness statements in summons essential, often filed at the District Court of The Hague (Delft location). ## Judicial Review in Delft Context Courts apply tables such as the Non-Pecuniary Loss Guide. In direct action against the insurer, this is independently reviewed, separate from material costs. Rb Den Haag (ECLI:NL:RBDHA:2023:5123), Delft location, awarded €75,000 non-pecuniary loss compensation via direct route after an accident on Phoenixstraat. Combination with advances prevents financial bottlenecks for Delft victims, such as students with income loss from part-time jobs. Note the five-year limitation period for immaterial damage (article 3:310 BW), crucial for local traffic incidents.