Have you contributed to your own injury in Rijswijk? Then your compensation may be lower. This principle is called own fault or contributory negligence.
What does own fault mean?
Own fault means that you are partly responsible for the occurrence or severity of your injury. The amount of compensation is then adjusted according to the degree of your own responsibility.
Examples of own fault
| Circumstance | Possible own fault |
|---|---|
| Not wearing a seatbelt in the car | Often 25% own fault |
| Not wearing a helmet on the bicycle (children) | Sometimes own fault |
| Driving under the influence of alcohol | Often 50% or more own fault |
| Cycling through a red light | Depending on the situation |
| Crossing inattentively | Depending on the situation |
How is own fault calculated?
The allocation of fault proceeds in steps:
- First, the causes of the accident are examined (causality allocation).
- Then, a correction based on reasonableness is applied (e.g., severity of injury).
- The final percentage determines your ultimate compensation.
Special rule for traffic accidents
In accidents between motorized and non-motorized road users (such as cyclists or pedestrians) in Rijswijk, extra protection applies:
- You receive at least 50% of the damage compensated, even in case of own fault.
- For children under 14 years old, 100% compensation often applies, except in cases of intent.
- This is called the 50% or 100% rule.
Correction based on equity
After the allocation of fault, a judge in The Hague may apply a correction based on reasonableness. Factors such as:
- The severity of the injury.
- How blameworthy your conduct was.
- Whether the other party is insured.
- Your personal situation.
Who must prove own fault?
The other party must prove that you have own fault. For example, if you were not wearing a seatbelt, the insurer must demonstrate that your injury would have been less severe with a seatbelt.Is own fault relevant in work-related accidents?
In workplace accidents, own fault is only assumed in cases of intentional or reckless conduct. Employers can usually not rely on own fault.Can I receive no compensation at all due to own fault?
In exceptional cases, own fault can be so high that no compensation remains, but this is rare. Thanks to the equity correction, you often still receive a portion in case of serious injury.Frequently asked questions about own fault in Rijswijk
How is my compensation determined in case of partial fault?
Your compensation is reduced based on your share of the fault. The judge first looks at the cause of the accident and then applies a reasonableness correction. At 30% own fault, for example, you receive 70% of the compensation.
What if I was not wearing a seatbelt in an accident?
Not wearing a seatbelt is often considered 25% own fault, which reduces your compensation by a quarter. The other party must prove that a seatbelt would have limited the injury.
Does the 50% rule also apply to adults in traffic?
Yes, adult cyclists and pedestrians also fall under the 50% rule. This means you get at least half of your damage compensated, regardless of your share of the fault.
Can an employer claim own fault in an accident?
Only in cases of intent or deliberate recklessness can an employer invoke own fault. In most cases, the employer remains liable for personal injury.
What to do if the insurer reduces my compensation?
Request a clear explanation and proof of the own fault. In case of disagreement, you can file an objection or seek help from the Juridisch Loket Rijswijk or a personal injury lawyer.