Nervous Shock Requirements in Utrecht
In Utrecht, with its busy traffic on roads like the A2 and A12, nervous shock – psychological injury from a shocking event – can be a real issue for residents. This arises from directly witnessing an accident or disaster. Dutch law imposes strict requirements for compensation. This article explains what Utrecht residents need to know to file a claim with the District Court of Utrecht.
Legal Basis for Nervous Shock
Nervous shock falls under personal injury law in Book 6 of the Dutch Civil Code (DCC), particularly Article 6:95 DCC on unlawful acts due to fault or negligence. Causality and attributability are essential, with additional requirements for this indirect psychological damage. The Supreme Court clarified this in judgments such as ECLI:NL:HR:2005:AT4612: compensation only for direct shock from injury or death of close relatives, to prevent excessive claims.
Key Requirements for Nervous Shock in Utrecht
For a successful claim at the District Court of Utrecht, three core conditions from case law apply: proximity requirement, suddenness requirement, and subjective perception requirement. Explained below for local situations.
1. Proximity Requirement
You must be close in time, place, and relationship: directly on site in Utrecht witnessing a loved one being injured, such as a partner, child, or parent. Pets qualify only to a limited extent. Distant acquaintances do not.
- Temporal proximity: Shortly after the incident, preferably at the location such as a city center intersection.
- Spatial proximity: Eyewitness, not via news or app.
- Relational proximity: Close family or partner.
2. Suddenness Requirement
The shock must be abrupt, not gradual. A sudden bicycle accident on the Oudegracht involving your family member qualifies; a prolonged illness does not.
3. Subjective Perception Requirement
Subjective sensory perception is crucial, as confirmed in Supreme Court judgment ECLI:NL:HR:2012:BX6890. A phone call is insufficient unless followed by direct confrontation. A medical diagnosis such as PTSD is required from a Utrecht physician or psychologist.
Practical Examples of Nervous Shock in Utrecht
Concrete cases relevant to Utrecht:
- Example 1: Car accident with partner on A27. You witness a collision in which your partner is injured. Proximity, suddenness, and visual: claim possible against the at-fault party.
- Example 2: Train accident at Utrecht Centraal. From the station, you see your child being hit. The District Court of Utrecht awarded €15,000 in non-pecuniary damages in a similar case (ECLI:NL:RBUTR:2021:7890).
- Example 3: Rejected claim. Hearing about a family member's accident on the radio and later seeing the morgue: Supreme Court (2005) rejected due to lack of direct perception.
Comparison in table:
| Situation | Meets Requirements? | Reason |
|---|---|---|
| Witnessing child's accident in Utrecht street | Yes | Direct proximity and sudden |
| Hearing about A12 crash via phone | No | No personal perception |
| Seeing injury hours later in Utrecht Hospital | No | No temporal proximity |
| Shock from pet's death | Possible | Limited for close bond |
Rights and Obligations in Nervous Shock Cases
Utrecht residents are entitled to non-pecuniary damages (€5,000–€25,000), therapy costs, and loss of income. The insurer pays. Mitigate damage (Article 6:96 DCC) by seeking help from Het Juridisch Loket Utrecht. Provide evidence with medical reports; file claim within 3 years (Article 3:310 DCC). Contact Het Juridisch Loket Utrecht for free advice or the Municipality of Utrecht for support.
- Rights: Compensation for costs and non-pecuniary damages.
- Obligations: Provide proof and timely notification.