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

# 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.