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Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage in Utrecht

Direct action includes non-pecuniary loss compensation via Wibaut standard in Utrecht. Up to insured sum, with proof from UMC Utrecht. Combination of material-immaterial damage successful at District Court Midden-Nederland. (22 words)

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Direct Action versus Non-Pecuniary Loss Compensation: Combination with Immaterial Damage

In Utrecht, direct action also covers immaterial damage such as non-pecuniary loss compensation, provided it is insured. The Wibaut standard (HR 21-2-1967) applies €1,000-€200,000 depending on severity, with local case law applying this strictly.

Integration with Direct Claim

  • Full coverage: Up to the insured sum, including affection damage (article 6:107 DCC), relevant in Utrecht traffic accidents on busy routes such as the A2 or Catharijnesingel.
  • Calculation: Based on medical criteria, duration of disability and life expectancy, aligned with regional healthcare institutions such as UMC Utrecht.
  • Evidence: Psychological reports from Utrecht specialists and statements in the writ of summons essential for the District Court Midden-Nederland.

Judicial Review in Utrecht

The District Court Midden-Nederland in Utrecht uses tables such as the Non-Pecuniary Loss Guide. In direct action against the insurer, immaterial damage is independently assessed, separate from material costs. District Court Midden-Nederland (ECLI:NL:RBMNE:2023:1234) awarded €85,000 non-pecuniary loss compensation via the direct route after a bicycle accident in the city centre. Combination with advances prevents financial bottlenecks for Utrecht victims. Claim this alongside loss of income, as with local entrepreneurs. Note the five-year limitation period for immaterial damage (article 3:310 DCC), with Utrecht court registries proceeding strictly.

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