What happens to your personal injury claim if the responsible party in Utrecht goes bankrupt? And what if you yourself experience financial problems due to your injury? This article discusses the combination of personal injury claims and insolvency in the Utrecht region.
Bankruptcy of the Liable Party
If the person or organization that caused your injury goes bankrupt, this impacts your claim process.
Different Scenarios
| Scenario | Effect | Possible Solution |
|---|---|---|
| Private individual with liability insurance | Direct claim against insurer | File claim with insurer |
| Employer with business insurance | Direct claim against insurer | File claim with insurer |
| Company without insurance | Concurrent claim in bankruptcy | File claim with trustee |
| Motor vehicle | Mandatory WAM insurance | File claim with WAM insurer |
Direct Claim Against Insurer
Pursuant to Article 7:954 of the Dutch Civil Code (BW), as an injured party you can directly file a claim with the insurer of the liable party, also in Utrecht.
Advantages of Direct Action
- Claim independent of insured party's bankruptcy
- No competition with other creditors
- Insurer pays directly to you
- No dependence on trustee
Limitations of Direct Action
- Limited to the insured amount
- Damage exceeding policy limit not covered
- Policy exclusions may apply
No Insurance Available
If the liable party has no insurance, your claim becomes a concurrent claim in the bankruptcy.
Step-by-Step Plan
- File claim with the trustee in Utrecht
- Trustee assesses and registers your claim
- Participation in verification meeting
- Possible distribution if assets available
Expected Distribution Percentage
Concurrent claims in bankruptcies often yield only a fraction (between 0-10% is common). Personal injury claims have no priority over other debts.
Guarantee Funds in Utrecht
In specific cases, guarantee funds in Utrecht and the Netherlands may provide a solution.
Relevant Funds
| Fund | Application | Coverage |
|---|---|---|
| Motor Traffic Guarantee Fund | Uninsured or unknown vehicle | Full compensation |
| Crime Victims Compensation Fund | Victim of violent crime | Limited to maximum amounts |
Financial Difficulties Due to Injury
Injury can lead to reduced income and financial stress, which in Utrecht may result in debts or a WSNP trajectory.
Protection of Personal Injury Payments
Personal injury payments have protection in some cases:
- Pain and suffering compensation: no attachment possible (Article 475c Rv)
- Material damage: attachment possible
- WSNP: pain and suffering compensation can remain outside the estate
WSNP and Personal Injury Claims in Utrecht
In debt restructuring (WSNP), specific rules apply to personal injury payments in Utrecht.
Key Points of Attention
- Report ongoing personal injury cases to the administrator
- Pain and suffering compensation can remain outside the estate
- Material compensations fall into the estate
- Designate payments for clarity
Advances and Attachment Risk
Creditors can attach advances you receive during the settlement of your claim.
Practical Tips
- Request splitting of advances into pain and suffering and material damage
- Book pain and suffering compensation separately on an account
- Seek legal advice in case of financial problems in Utrecht
- Consider protective administration as an option
Summary
The combination of personal injury claims and bankruptcy is complex, especially in Utrecht. Key points:
- Insured tortfeasor: direct action against insurer provides certainty
- Uninsured tortfeasor: limited chances of compensation
- Pain and suffering compensation is protected against attachment
- Financial problems? Seek timely help from experts in Utrecht
Local Assistance in Utrecht
For legal assistance, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht