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

Direct action includes non-pecuniary loss compensation via Wibaut norm in Rijswijk. Up to insured sum, with medical evidence and local Hague case law. Combination of material-immaterial successful. (22 words)

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

In Rijswijk, a dynamic municipality near The Hague, direct action also covers immaterial damage such as non-pecuniary loss compensation, provided it is insured. The Wibaut norm (HR 21-2-1967) applies €1,000-€200,000 depending on severity, with local case law applying this strictly.

Integration with Direct Claim

  • Full coverage: Up to insured sum, including relational loss (article 6:107 BW), relevant for Rijswijk traffic accidents on the A4 or N442.
  • Calculation: Based on medical criteria, duration of disability and life expectancy, aligned with Hague region practice.
  • Evidence: Psychological reports and statements in summons essential, often supported by local expertise from HagaZiekenhuis.

Judicial Review in Rijswijk

The District Court of The Hague, district court for Rijswijk, uses tables such as the Smartengeldgids. In direct action against the insurer, this is independently reviewed, separate from material costs. Rb Den Haag (ECLI:NL:RBDHA:2023:5123) awarded €85,000 non-pecuniary loss compensation via direct route to a Rijswijk victim after a cycling accident. Combination with advances prevents financial bottlenecks in this commuter city. Victims claim this alongside loss of income, especially local entrepreneurs. Note the five-year limitation period for immaterial damage (article 3:310 BW), crucial for Rijswijk victims of industrial accidents near the Binckhorst. (218 words)