The partial dispute procedure offers an efficient way in Rijswijk to settle a specific bottleneck in a personal injury claim. This can significantly accelerate the negotiation process.
What does a partial dispute entail?
A partial dispute is a legal procedure before the court, aimed at one specific stumbling block that impedes the handling of a case:
- Who is liable?
- To what extent does contributory negligence play a role?
- Is there a causal link?
- A specific head of damage
What are the benefits?
| Feature | Partial Dispute | Full Procedure |
|---|---|---|
| Duration | 3-6 months | 1-2 years |
| Costs | Relatively low | Relatively high |
| Focus | One specific point | The entire case |
| Court fee | € 314 | € 314 - € 2.277 |
When is a partial dispute appropriate?
A partial dispute is ideal in the following situations:
- There is one clear point of dispute
- A ruling can remove the stagnation
- The case is suitable for quick handling
How does the procedure proceed?
- File a petition with the District Court of The Hague
- The opposing party may file a defense
- Hearing for oral argument
- The judge issues a binding ruling
Costs of a partial dispute
In most cases, the costs of the partial dispute procedure are reimbursed by the liable party, even in the event of loss, unless the procedure is deemed unnecessary or unfounded.
Is appeal possible against a partial dispute ruling?
No, direct appeal is not possible. You can only challenge the decision in a full substantive proceeding (first-instance proceedings).What if the insurer does not pay after the ruling?
In that case, you can initiate substantive proceedings or take enforcement measures if the ruling imposes a payment obligation.Is a lawyer necessary for a partial dispute?
No, it is not mandatory, but it is advisable due to the legal complexity. Contact the Legal Aid Office in Rijswijk for advice.Frequently asked questions about partial disputes in Rijswijk
When do I opt for a partial dispute procedure in my personal injury claim?
A partial dispute is suitable if one specific issue, such as liability or a head of damage, is blocking progress. It is ideal if other matters have already been settled and a quick ruling can advance the negotiations. This often takes 3-6 months, much shorter than a full procedure.
How do I start a partial dispute and what does it cost?
You file a petition with the District Court of The Hague, clearly describing the point of dispute. The costs include the court fee (€ 314) and possibly lawyer's fees. Usually, the liable party pays these, unless your request is deemed unfounded. A lawyer is recommended.
Can a partial dispute determine the amount of non-pecuniary damage?
Yes, a partial dispute can specifically concern a head of damage such as non-pecuniary damage. If you and the insurer disagree on the amount, the judge can decide on it, which can expedite the rest of the case.
What if I do not win the partial dispute?
If you lose, the ruling on that specific point remains binding. Direct appeal is not possible, but you can challenge it in substantive proceedings. Consult a lawyer to assess feasibility considering the costs and time.
How long does a partial dispute procedure in Rijswijk take?
On average, a partial dispute takes 3 to 6 months, much faster than a standard procedure of 1-2 years. The duration depends on the case, the court schedule, and the opposing party's response.
Is the insurer required to cooperate?
Yes, the insurer must participate in the procedure. They can file a defense and explain their position during the hearing. Failure to cooperate can harm their case.
What are the risks of a partial dispute?
The main risk is an unfavorable ruling, deciding the point of dispute against you. Additionally, costs may not be reimbursed if the judge finds the procedure unnecessary. Consider this carefully with your advisor.