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

Direct action includes non-pecuniary loss compensation via Wibaut standard in Delft. Up to insured sum, with medical evidence. Combination of material-immaterial successful, as Rb Den Haag (Delft location). (24 words)

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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.

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