Am I entitled to compensation? The conditions at a glance

You are entitled to compensation when another party is liable for your damage and four conditions are met: there is damage, there is a fault (tort), there is a causal link between that fault and your damage, and the violated norm also served to protect against your damage. The legal basis for this is the tort under Article 6:162 of the Dutch Civil Code. If these conditions are met, the liable party—usually their insurer—must compensate you for your full damage, including the reasonable costs of legal assistance (Article 6:96 paragraph 2 of the Dutch Civil Code).

The short answer

• What it is: the right to be fully compensated for the damage caused to you by another person, both material and immaterial (pain and suffering).
• When it applies: if there is damage, a fault of another, a causal link between them, and the violated norm was intended to protect you (the four conditions of Article 6:162 of the Dutch Civil Code).
• How to succeed: by holding the liable party or insurer accountable and substantiating your claim for damages — often with the help of a personal injury lawyer.
• What it costs: nothing in a recoverable case; the reasonable costs of legal assistance are recovered from the opposing party (Art. 6:96 BW). We therefore work 100% paid by the insurer.

The four conditions for entitlement to compensation

Whether you are entitled to compensation depends on the unlawful act under Article 6:162 of the Dutch Civil Code. An obligation to pay compensation only arises when all four conditions are met. If the process stalls at one point, there is no claim. A good personal injury lawyer therefore always assesses your situation against these four requirements.

1. Damage. There must be actual damage: medical expenses, lost income, household help, travel expenses, permanent injury, or non-material suffering.
2. Fault (tort). The other party has acted unlawfully: an infringement of your right, an act or omission contrary to the law, or contrary to what is proper in social conduct.
3. Causal link. There must be a causal link between that error and your damage: without that error, the damage would not have occurred.
4. Relativity. The violated norm must also be intended to protect you against this type of damage (Article 6:163 of the Dutch Civil Code).

Condition 1: there is damage

Without damage, there is nothing to compensate. In personal injury cases, your damages usually consist of two components. Material damage is everything that can be expressed in monetary terms: treatment costs, deductible, lost income, loss of earning capacity, home modifications, and assistance you now have to purchase. Non-material damage is the suffering itself—pain, grief, and lost happiness in life—which is compensated as pain and suffering damages pursuant to Article 6:106 of the Dutch Civil Code.

You can read in detail how to determine your damages and which items are included under compensation , and specifically about suffering under pain and suffering.

Condition 2: there is a fault or wrongful act

The core of Article 6:162 of the Dutch Civil Code is fault. Unlawful conduct takes three main forms: an infringement of a right (for example, bodily injury), an act or omission contrary to a statutory duty, and conduct contrary to the care appropriate in social interaction. Moreover, the fault must be attributable to the perpetrator, usually through negligence.

Practical examples include: a motorist who fails to yield the right of way at a traffic accident, an employer who breaches their duty of care in a workplace accident (Article 7:658 of the Dutch Civil Code), or a doctor who does not act as a reasonably competent professional would in the event of medical malpractice (Article 7:453 of the Dutch Civil Code).

Condition 3: causal link

There must be a causal link between the fault and your damage. In principle, the test is: would the damage also have occurred without the fault? If the answer is no, then there is a causal link. This is often the most difficult point in personal injury cases, for example regarding complaints that could also have another cause or in the case of a pre-existing condition.

To objectively establish the connection, a personal injury expert a medical opinion where necessary. This substantiates which complaints and limitations are actually the result of the accident. A carefully compiled medical file is decisive in this regard.

Condition 4: relativity

The final condition is the relativity requirement of Article 6:163 of the Dutch Civil Code: there is no obligation to pay compensation if the violated norm does not serve to protect against the damage as suffered by the injured party. In other words, the violated rule must be intended to protect you against precisely this type of damage. In most personal injury cases, this is easily met—traffic rules and safety standards simply protect people's health—but in exceptional situations, this requirement can still block a claim.

Strict liability: right to compensation without fault

Sometimes you are entitled to compensation even if the opposing party has not committed a culpable error. This is called strict liability: the law places responsibility on a specific person, regardless of fault. Important examples:

• Owner of an animal: the owner is liable for damage caused by their animal, for example in the case of a dog bite (Article 6:179 of the Dutch Civil Code). Read more under accident involving an animal.
• Employer: bears far-reaching responsibility for the safety of employees (Article 7:658 of the Dutch Civil Code).
• Motorized traffic versus vulnerable road users: in the event of a collision with a cyclist or pedestrian, special protection applies (Article 185 of the Road Traffic Act), as a result of which the motorized party is often largely liable.

With strict liability, therefore, you do not need to prove fault, but the other conditions—damage and causal link—still apply. A specialist assesses which basis is strongest in your case.

When you are not entitled to compensation

Let's be fair: not every unpleasant situation entitles you to compensation. You have no or a limited claim if:

• there is no liable other party — an accident caused entirely by your own fault does not give you the right to recourse against a third party;
• the error is not provable — without substantiation of unlawful conduct or a causal link, the claim fails;
• there is no demonstrable damage — mere shock or inconvenience without consequences generally yields nothing;
• if there is contributory negligence — if you yourself contributed to causing the damage, the compensation may be reduced (Article 6:101 of the Dutch Civil Code);
• The case is time-barred — in principle, a limitation period of five years applies to personal injury claims.

Unsure if your situation stands a chance? That is exactly why a free assessment is available. An experienced personal injury lawyer will tell you honestly beforehand whether it makes sense to recover your damages.

How to claim your right to compensation

1. Free intake. You tell your story; we assess the four conditions and the chances.
2. Holding liable. We hold the opposing party or insurer liable in writing.
3. Substantiate the damage. All items of damage are documented, with a medical opinion if necessary.
4. Negotiate. We claim your maximum compensation and request an advance payment where possible.
5. Settlement. The matter is being settled; we only go to court in the event of an impasse.

With us, you work with a team of personal injury specialists. Would you like to read more first? Then check out our blogs on compensation and non-material damage. You can find background information on standards and case law at De Letselschade Raad and Rechtspraak.nl.

Honest recommendation

Do you only have property damage or minor inconvenience without consequences, and is no other party liable? Then you do not need a personal injury firm — you arrange that directly with your own insurer. However, if there is injury caused by another party and it is plausible that the conditions of Article 6:162 of the Dutch Civil Code have been met, then professional assistance is almost always advisable. The legal assessment of fault, causal link, and relativity is specialist work, and in a recoverable case, that assistance costs you nothing.

Do you want to know where you stand? Schedule a free consultation or request a free intake . A personal injury lawyer or specialized personal injury expert will assess your case free of charge and claim your maximum compensation.

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