Have you sustained injury and are you partly responsible yourself? Then your compensation in Utrecht may be lower due to own fault or contributory negligence.
What Does Own Fault Mean?
Own fault means that you yourself have a share in the occurrence or severity of your injury. In that case, the compensation you receive is adjusted according to the degree of your responsibility.
Examples of Own Fault
| Circumstance | Percentage Own Fault |
|---|---|
| Not wearing a seatbelt in the car | Often 25% responsibility |
| Not wearing a helmet on the bicycle (children) | Sometimes own fault |
| Driving under the influence of alcohol | Often 50% or more responsibility |
| Cycling through a red light | Dependent on the situation |
| Crossing the road carelessly | Percentage varies per case |
How Is This Calculated?
The allocation of fault proceeds in steps:
- Determination of the causal contribution (who caused what?)
- Application of a correction based on reasonableness (e.g., severity of injury)
- Final determination of the compensation percentage
Special Rule in Traffic: 50% Rule
In Utrecht, in accidents between motorized and non-motorized road users (such as cyclists), a protection rule applies:
- At least 50% of the damage is compensated, even in case of own fault
- For children under 14 years: 100% compensation (except in case of intent)
- This is known as the 50% or 100% rule
Correction Based on Equity
The court in Utrecht may, after the fault allocation, apply a correction based on reasonableness. Relevant aspects are:
- How severe is the injury?
- To what extent are you at fault?
- Is the other party insured?
- Your personal situation
Who Proves Own Fault?
The other party must prove that you have own fault. For example, if you did not wear a seatbelt, the insurer must prove that your injury was worse as a result.Does This Also Apply to Workplace Accidents?
In workplace accidents in Utrecht, own fault is rarely applied, unless there is intent or extreme recklessness. Employers can rarely rely on this.Can I Receive No Compensation?
Although it is possible that own fault is so high that no compensation remains, this almost never happens. Thanks to the equity correction, you often still receive a portion in case of serious injury.Frequently Asked Questions about Own Fault in Utrecht
How is my compensation determined in case of partial fault?
The compensation is reduced based on your share in the fault. First, it is assessed who caused what, after which a correction follows based on factors such as injury severity. At 30% fault, for example, you receive 70% of the compensation.
What if I did not wear a seatbelt?
This is often regarded as 25% own fault, which reduces your compensation. The other party must prove that a seatbelt would have limited the injury. In case of serious injury, the court may show leniency.
Does the 50% rule apply to adults in Utrecht?
Yes, adult cyclists and pedestrians also fall under the 50% rule. You receive at least 50% compensation, even in case of own fault. For children under 14 years, 100% often applies.
Can an employer claim own fault?
Only in case of intent or deliberate recklessness can an employer in Utrecht invoke own fault. Usually, the employer remains liable.
What if the insurer reduces my compensation?
Request proof and a clear explanation of the fault percentage. In case of disagreement, you can file an objection or seek legal assistance, for example via the Juridisch Loket Utrecht at Catharijnesingel 55.
Influence of driving under the influence?
This can lead to a high percentage of own fault, often 50% or more, which significantly reduces your compensation.
Relevant Institutions in Utrecht:
- Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55