Material versus Immaterial Damage: Differences and Combination in Utrecht
In Utrecht, material damage encompasses measurable costs such as hospital bills at the UMC Utrecht or loss of income due to an accident on the A27 (article 6:95 BW), while immaterial damage concerns compensation for suffering (smartengeld) for endured pain such as after a collision in the city centre. Both are often combined in personal injury claims with local personal injury lawyers.
Key Differences
| Aspect | Material | Immaterial |
|---|---|---|
| Calculation | UMC Utrecht invoices and payslips | Equity, Smartengeld Guide and medical reports |
| Evidence | Quantifiable via invoices | Medical specialists and subjective testimonies |
| Financial Impact | Direct financial loss | Psychological suffering due to Utrecht accident circumstances |
Combining Claims in Utrecht
Example from Utrecht practice: in a bicycle accident on the Oudegracht €25,000 material (repairs and hospital) + €20,000 immaterial for trauma. Full damage compensation requires claiming both via the subdistrict court in Utrecht. Tax-free, but set off against benefits from the UWV or health insurers.
Strategy for Utrecht residents: Engage a local expert at the Juridisch Loket Utrecht to quantify total damage, taking into account provincial traffic rules for maximum payout. Note deadlines under the Utrecht personal injury compensation scheme.