The statute of limitations for personal injury determines how long you have to recover your damages from the liable party following an accident. The general rule is set out in Article 3:310 of the Dutch Civil Code: a claim for compensation generally lapses five years after you become aware of both the damage and the person liable for it, with an absolute maximum period of twenty years after the event. In the case of traffic accidents, a shorter period of three years often applies vis-à-vis the insurer under the Motor Vehicle Liability Insurance Act (WAM). Therefore, do not wait too long: a claim that has been interrupted or filed in a timely manner keeps your right to compensation intact.
The short answer
- What: the statute of limitations is the period within which you must claim compensation for personal injury; after that, the opposing party may refuse to pay.
- When: in principle five years after knowledge of the damage and the liable party (Art. 3:310 BW), with a strict limit of twenty years after the accident.
- Traffic exception: a term of three years usually applies vis-à-vis the WAM insurer (Article 10 WAM).
- Interruption: you can have the time limit start again with a written notice of interruption; a new time limit then runs.
- Children: for minors, the statute of limitations usually does not run until they turn eighteen; a personal injury expert monitors this for you.
What does the statute of limitations mean in personal injury cases?
Statute of limitations means that you lose the right to successfully enforce your claim if you wait too long. The damage does not disappear, but the liable party may invoke the statute of limitations after the term has expired and is then no longer required to pay. In personal injury cases, this is a real risk, as a case can sometimes only be fully settled years after the accident — for example, if the medical consequences only become apparent later.
The law attempts to balance two interests: you must be given sufficient time to assess your damages, and the opposing party should not have to anticipate a claim indefinitely. Therefore, the Civil Code provides for both a relative time limit (linked to your knowledge) and an absolute time limit (linked to the event itself). If you first want to know what damages you can recover at all, read our explanation regarding compensation for personal injury.
The five-year limitation period (Art. 3:310 BW)
The most important time limit for personal injury claims is the relative limitation period of five years under Article 3:310, paragraph 1, of the Dutch Civil Code. This period begins to run at the moment you simultaneously become aware of:
- the damage — that you have actually suffered disadvantage, and
- the liable person — who caused the damage and can be held liable.
It is therefore not about the date of the accident, but about your actual knowledge of the situation. This is important in cases of injury that develops slowly or an error that only comes to light later. The clock only starts ticking when you are reasonably able to file a claim. In practice, determining that starting point is sometimes complicated; a specialized personal injury lawyer assesses it carefully so that you do not unintentionally forfeit your rights. You can read the text of the law itself at wetten.overheid.nl.
The absolute term of twenty years
In addition to the five-year period, an absolute maximum period of twenty years applies, calculated from the event that caused the damage. This period is independent of your knowledge: even if you only discover later that you have suffered damage, the claim is in principle time-barred after twenty years.
There is an important nuance to this regarding damage resulting from injury or death. Article 3:310, paragraph 5 of the Dutch Civil Code stipulates that the absolute twenty-year time limit does not apply without exception to personal injury: in principle, only the five-year period from the date of knowledge applies in cases of injury and death. This protects victims of, for example, an occupational disease that only manifests itself after a long time. Nevertheless, it is unwise to gamble on this—the older a case, the more difficult the proof. Also read how to claim compensation and which documents are required.
Traffic accidents: the three-year period (WAM)
If you have sustained injuries in a traffic accident, a separate, shorter time limit applies. Pursuant to Article 10 of the Motor Vehicle Liability Insurance Act (WAM), your direct claim against the opposing party's WAM insurer generally lapses after three years following the accident. This is a common pitfall: victims assume a five-year period, whereas the direct claim against the insurer can lapse after just three years.
Fortunately, this time limit can also be suspended and starts running again after certain actions by the insurer. But it shows why speed matters. If you have been involved in a traffic accident, have your case assessed early so that the time limits are monitored and suspended in a timely manner.
Stopping: here is how you stop the counter
Statute of limitations is not inevitable. You can interrupt, thereby stopping the limitation period and starting a new term. Interruption can be done in two ways:
- Written demand or notice. A clear letter in which you unequivocally reserve your right to performance (Article 3:317 of the Dutch Civil Code). A new limitation period then begins.
- Filing a claim. By initiating proceedings, the statute of limitations is also interrupted (Article 3:316 of the Dutch Civil Code).
A letter interrupting the limitation period must meet substantive requirements: it must make it sufficiently concrete that you maintain your claim. A letter that is too vague will not interrupt the limitation period. In long-running personal injury cases, a personal injury expert therefore sends a notice of interruption periodically, so that your claim remains within the time limit. If you want to know how to formally address a party, read our explanation on engaging a personal injury lawyer.
Statute of limitations for personal injury claims involving children
Additional protections apply to minor victims. A child cannot independently institute their own claim, and therefore Article 3:310, paragraph 5 of the Dutch Civil Code stipulates that, in principle, the five-year time limit for personal injury to a minor only begins to run on the day after reaching the age of majority. The child therefore has until well after their eighteenth birthday to claim damages.
Nevertheless, acting early is wise here as well: evidence regarding the circumstances and consequences is strongest immediately after the accident. A claim for a child involves more than just the time limit — consider permission from the subdistrict court judge and a blocked savings account. You won't read how that works here, but a specialized personal injury expert will guide parents through the entire process.
What if your term is about to expire?
If you are in doubt whether you are still on time, do not wait another day. Even if a case seems old, sometimes the time limit has not yet expired — for example, because you only became aware of the liable party later, or because earlier correspondence has already interrupted the statute of limitations. What you can do:
- Collect all documents: accident report, medical records, and previous letters to the opposing party;
- have a written notice of interruption sent immediately to secure the time limit;
- Have a personal injury firm assess which starting point legally applies to your situation.
An incorrect assessment of the time limit can cost you your entire right to compensation. That is precisely why a quick, expert assessment is valuable. You can read more about recovering your damages on our page about compensation.
Honest recommendation
If you have recently sustained an injury and the liable party is clear, you are well within the time limit and there is no reason to panic — however, it is advisable to start in a timely manner so that the evidence is fresh. If it concerns only material damage without personal injury, the matter is less urgent and you usually handle this directly with your insurer; a personal injury lawyer is not necessary in that case. However, if an injury is involved and a deadline is approaching, or if you are unsure which deadline applies, professional help is almost always wise — and in a recoverable case, this will cost you nothing, because the costs of legal assistance are recovered from the liable party (Article 6:96 paragraph 2 of the Dutch Civil Code).
Do you want certainty regarding your deadline? Schedule a free consultation or request a free intake . We will assess free of charge whether you are still on time and, where necessary, immediately secure an interruption.
Frequently Asked Questions
In principle, five years after you become aware of both the damage and the liable party (Article 3:310 of the Dutch Civil Code), with an absolute maximum period of twenty years after the event. In the case of personal injury, that twenty-year period does not apply without restriction.
In principle, your direct claim against the opposing party's WAM insurer lapses after three years (Article 10 WAM). That period can be interrupted, but it is shorter than many victims think — so have your case assessed quickly.
Interrupting the limitation period breaks it, after which a new term begins. This can be done by a clear written notice in which you reserve your right (Article 3:317 of the Dutch Civil Code) or by initiating legal proceedings (Article 3:316 of the Dutch Civil Code).
Yes. In the case of personal injury to a minor, the five-year period in principle only begins to run from the eighteenth birthday. Nevertheless, acting early is advisable, because evidence is strongest immediately after the accident.
Not on the date of the accident, but as soon as you become aware of both the damage and the liable person. In the case of injuries occurring later, that moment may therefore occur later; a personal injury lawyer assesses the correct starting point.
Possibly. Sometimes the time limit has not yet expired because you only became aware of the liable party later, or because earlier letters already interrupted the statute of limitations. Have a personal injury expert assess free of charge whether you are still on time.
Nothing. The intake and assessment are free and without obligation. Moreover, in a recoverable case, the costs of legal assistance are recovered from the liable party (Article 6:96 paragraph 2 of the Dutch Civil Code).
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