What are the consequences for your personal injury claim if the responsible party goes bankrupt? And what if you yourself get into financial trouble due to your injury? This article discusses the overlap between personal injury and financial insolvency in the Rijswijk region.
Bankruptcy of the Liable Party
If the person or organization that caused your injury goes bankrupt, this impacts your damage claim.
Different Scenarios
| Scenario | Effect | Possible Solution |
|---|---|---|
| Private Individual with Liability Insurance | Direct Claim Against Insurer | File Claim with Insurer |
| Employer with Business Liability | Direct Claim Against Insurer | File Claim with Insurer |
| Company Without Insurance | Concurrent Claim in Bankruptcy | File Claim with Trustee |
| Vehicle Damage | Mandatory WAM Insurance | File Claim with WAM Insurer |
Direct Claim Against Insurer
Pursuant to Article 7:954 of the Dutch Civil Code (BW), as an injured party you can directly file a claim against the insurer of the liable party.
Advantages of Direct Action
- Claim independent of insured's bankruptcy
- No competition with other creditors
- Insurer pays directly to you
- No dependence on trustee
Limitations of Direct Action
- Limited to the insured maximum amount
- Damage exceeding insured amount not covered
- Policy conditions and exclusions apply
No Insurance Present
If the liable party has no insurance, your claim becomes a concurrent claim in the bankruptcy.
Step-by-Step Plan
- File claim with the trustee
- Trustee assesses and registers the claim
- Participation in verification meeting
- Payout (if funds are available)
Expected Payout Percentage
As a concurrent creditor, you often receive only a fraction of your claim (between 0-10% is common). Personal injury claims have no priority over other claims.
Guarantee Funds as Solution
In some cases, special funds can provide assistance for personal injury.
Relevant Funds
| Fonds | Application | Damage Coverage |
|---|---|---|
| Motor Traffic Guarantee Fund | Uninsured or unknown vehicle | Full damage compensation |
| Crime Victims Compensation Fund | Victim of violence | Limited to maximum amounts |
Financial Impact of Injury
Injury can lead to reduced income and financial stress, resulting in debts or even bankruptcy (WSNP).
Protection of Payouts
A personal injury payout has some protection:
- Pain and Suffering Compensation: not subject to attachment (Article 475c Rv)
- Material Damage: subject to attachment
- WSNP: pain and suffering compensation can remain outside the estate after judicial decision
WSNP and Personal Injury in Rijswijk
In debt restructuring (WSNP), there are specific rules for personal injury payouts.
Key Points
- Report ongoing personal injury cases to the administrator
- Pain and suffering compensation can be kept outside the estate
- Material compensation generally falls into the estate
- Earmark damage payouts for clarity
Advances and Attachment Risk
Creditors can attach advances you receive during the handling of your claim.
Practical Advice
- Request splitting of advances into pain and suffering and material damage
- Put pain and suffering compensation in a separate account
- Seek legal advice in case of financial problems
- Consider protective administration as an option
Summary
The combination of personal injury and insolvency is complex. Key points:
- With insured causer: direct claim against insurer provides certainty
- With uninsured party: recovery options are limited
- Pain and suffering compensation is protected against attachment
- In financial distress: seek professional help in time, for example at the Juridisch Loket Rijswijk
Frequently Asked Questions about Personal Injury and Bankruptcy
What happens to my claim in the event of bankruptcy of the counterparty?
If the counterparty is insured, you can claim directly from the insurer. Without insurance, your claim becomes concurrent in the bankruptcy, often with low payout chances.
Is my personal injury payout protected against attachment?
Pain and suffering compensation is protected against attachment, but material damage compensation is not.
What if I am in WSNP myself?
Pain and suffering compensation can remain outside the estate, but material damage compensation usually falls into the estate. Report ongoing matters to your administrator.
Where can I get help in Rijswijk?
For legal advice, you can go to the Juridisch Loket Rijswijk or a lawyer in the region via the Rechtbank Den Haag.