If you have suffered damage due to the actions of the government, you can hold it liable. You do this with a formal letter in which you request compensation for damages.
Why hold the government liable?
Holding the government liable is an essential step because:
- It prevents your claim from becoming time-barred
- It gives the government the opportunity to pay without legal proceedings
- It can result in a settlement
- It is a requirement before you can bring a case before the civil court
What should be included in the liability notice letter?
A complete liability notice letter includes the following points:
- Your personal details (name and address)
- The date of the letter
- A description of the unlawful act
- The nature and extent of the damage suffered
- The connection between the act and the damage
- The specific amount you claim
- A response deadline (for example, 4 weeks)
Who do you send the letter to?
| Government body | To the attention of |
|---|---|
| Municipality | College of Mayor and Aldermen |
| Province | Deputed States |
| National level | The responsible minister |
| UWV or SVB | Board of Directors |
What happens after sending?
Upon receipt of your letter, the government may:
- Accept liability and pay
- Make a compromise proposal
- Deny liability
- Request additional information
Frequently asked questions about liability notices
How long until I receive a response?
Set a reasonable period, such as 4 to 6 weeks. If no response is received, you can initiate legal proceedings via the court.
Is registered mail necessary for the letter?
It is not mandatory, but it is advisable to have proof of sending and receipt.
Can I also send the liability notice digitally?
Yes, by e-mail is possible, but a physical letter by post provides more certainty. Always request confirmation of receipt.
Additional questions and answers
What if the government ignores my letter?
If the government does not respond within the set period (e.g., 4-6 weeks), you can file a case with the civil court, such as the District Court of The Hague. The lack of response does not mean you automatically win, but you have the right to litigate. Ensure proof of sending, such as a registered letter or receipt confirmation.
Is a lawyer needed to draft the letter?
No, it is not mandatory, but it can be useful, especially in complex cases. A lawyer can make the letter legally watertight. For simple cases, you can write a letter yourself with the help of online templates. The Juridisch Loket Rijswijk can also provide advice.
How detailed should I describe the damage?
Be as specific as possible. State exact amounts and attach evidence, such as receipts, quotes, or reports. Explain how the damage was caused by the government, for example: 'Due to an error in the permit granting, I lost €3,000 in income, see attached documents.'
Can I also claim interest on the damage?
Yes, you can claim statutory interest from the moment the damage occurred. For non-commercial matters, this is currently 2% per year (as of 2024). State this clearly in your letter, for example: 'I also claim statutory interest on €X from [date].'
What if the government only wants to compensate part of the damage?
If the government acknowledges liability but does not offer the full amount, you can negotiate. Send a substantiated response with additional evidence. If this fails, you can still go to court, such as the District Court of The Hague. A lawyer can help strengthen your position.
How quickly do I receive my money upon acknowledgment of liability?
Upon acknowledgment, payment often takes a few weeks to months, depending on internal processes. Request a clear timeline and follow up by phone or e-mail if it takes too long.
Can I claim compensation for emotional damage?
Yes, non-material damage such as emotional impact can be claimed, but it is difficult to prove. You must demonstrate that the government acted unlawfully and that this directly led to psychological damage.