Statutory interest on personal injury damages: from when and how much?
Personal injury cases take a long time. Often, years pass between the accident and the final payment, and during that time, you do not have the money. Statutory interest compensates for this: you not only receive compensation for your damages but also interest for the period in which the payment was delayed.
In practice, this interest is often overlooked, even though it can amount to significant sums in a case that lasts five years.
How high is the interest?
The statutory interest rate for non-commercial transactions is 4% as of 1 January 2026. This is a reduction; the percentage was higher before. Personal injury from an accident falls under this rate.
There is also a higher rate, the statutory commercial interest, which is 10.4% as of 1 July 2026. This applies exclusively to commercial transactions between businesses and therefore not to your personal injury claim. If this percentage is presented to you, something is not right.
The percentage is periodically adjusted by the government. If your case spans multiple years, the rate applicable at the time is used for each period.
From when does the interest start running?
In cases of damages resulting from a wrongful act, you do not need to formally put the other party in default first. Artikel 6:83 sub b of the Burgerlijk Wetboek (Dutch Civil Code) states that default occurs immediately for obligations arising from a wrongful act.
In practice, this means that interest starts running from the moment a specific damage item actually arises. Not from the moment you notify the insurer, and not from the final settlement. Each item therefore has its own start date: medical costs from the moment you incurred them, lost income per period in which you missed it.
Interest on interest
Artikel 6:119 lid 2 BW (Dutch Civil Code) states that after one year, the interest is added to the principal sum. In the following year, interest is therefore also calculated on the accumulated interest. In a long-running case, this adds up noticeably—and it is precisely this part that is often missing in damage proposals.
Pay attention to advances and the final settlement
If you have received advances in the meantime, interest on that portion stops at the time of payment. Interest continues to run on the remaining amount. A correct interest calculation therefore takes into account the dates and amounts of all advances.
If you receive a final proposal stating a single amount “including interest” without specification, ask for the underlying calculation: per damage item, with start date and applied percentage. Without this specification, you cannot verify whether the interest has been correctly included.
Interest and the costs of legal assistance
Statutory interest is different from the compensation for the costs of your legal representative. Those costs follow a separate process; see out-of-court costs. Do not confuse the two: they are two separate items in your damage overview.
Help with checking your settlement
Do you want to know if the interest in your proposal is correct? On our page about personal injury, you can read what we can check for you. See also: assessing a damage proposal from the insurer.
Frequently Asked Questions
How much statutory interest do I receive on my personal injury claim?
The statutory interest rate for non-commercial transactions has been 4% since 1 January 2026. Personal injury from an accident falls under this rate; the higher commercial rate of 10.4% does not apply to your claim.
From when does the statutory interest start to accrue?
From the moment a loss item actually arises, not from your notice of claim or the final settlement. In cases of damage from a wrongful act, default occurs immediately under artikel 6:83 sub b BW (Dutch Civil Code), without the need for a formal notice of default.
Do I receive interest on interest?
Yes. Under artikel 6:119 lid 2 BW (Dutch Civil Code), after one year the interest is added to the principal sum, after which interest is also charged on that amount. In long-running cases, this adds up noticeably.
What happens to the interest if I have received advance payments?
Interest stops on the paid portion at the time of payment; it continues to accrue on the remaining amount. A correct calculation therefore takes into account the dates and amounts of all advance payments.
How can I check if the interest is correct in my final settlement proposal?
Request the underlying calculation per loss item, including the start date and applied percentage. If there is only a single amount "including interest" without specification, you cannot verify whether the interest has actually been calculated correctly.
Claiming interest if you live in Rijswijk
The interest rate and start date are regulated nationally; where you can go to have it checked or enforced differs by location.
If you want to have an interest calculation in a final proposal checked before signing, as a resident of Rijswijk, you can do this free of charge at Het Juridisch Loket Den Haag (the legal aid desk) (Bezuidenhoutseweg 60, 2594 AW Den Haag), telephone 0900-8020. Bring the complete damage overview, including the dates and amounts of all received advances—without this information, the interest cannot be recalculated. See het juridisch loket den haag.
If the insurer refuses to include interest while liability is established, this is a clear-cut issue for the court. For residents of Rijswijk, this goes through the Rechtbank Den Haag (the district court) (Prins Clauslaan 60, 2595 AJ Den Haag, telephone 088-361 1000). See rechtspraak.nl.
Finally, note that a back payment including interest may count as assets for benefits or allowances. If you receive a benefit from the Gemeente Rijswijk, report the back payment in advance: rijswijk.nl.
This information is general in nature and not legal advice about your personal situation. The percentages mentioned were checked in August 2026 at Rijksoverheid.nl; verify the current rate when using it.