Have you sustained injury and partly your own fault? Your compensation may be reduced due to own fault or joint fault.
What does own fault mean?
In cases of own fault, you are held responsible for a part of the occurrence or severity of your injury. The amount of compensation is then adjusted according to the degree of your fault.
Examples of own fault
| Circumstance | Own fault percentage |
|---|---|
| Not wearing a seatbelt in the car | Often 25% own fault |
| Not wearing a helmet on the bicycle (children) | Possibly own fault |
| Driving under the influence | Often 50% or higher own fault |
| Cycling through a red light | Depending on the situation |
| Crossing inattentively | Depending on the situation |
How is own fault calculated?
The allocation of fault proceeds in steps:
- Causality is established (who contributed to the incident to what extent?)
- This is followed by an adjustment based on equity (consider severity of injury or insurance status)
- The final percentage determines the amount of your compensation
Special 50% rule in traffic situations
In accidents between motorized and non-motorized road users (such as cyclists or pedestrians), additional rules apply:
- At least 50% of the damage is compensated, even in cases of own fault
- For children under 14 years old: 100% compensation (except in cases of intent or extreme recklessness)
- This is called the 50% or 100% rule
Adjustment based on equity
After the allocation of fault, the court may apply an equity correction. Relevant factors include, among others:
- The severity of the injury
- The degree of blame on your part
- Whether the other party is insured
- Your personal situation
Who must prove own fault?
The other party must prove that you have own fault. For example, if you were not wearing a seatbelt, the insurer must demonstrate that your injury would have been less severe with a seatbelt.Does own fault also apply to workplace accidents?
In work accidents, own fault is only recognized in cases of intent or clear recklessness. Employers generally cannot easily invoke own fault of employees.Can own fault mean that I get nothing?
Theoretically, own fault can be so high that no compensation remains, but this is rare. Thanks to the equity correction, you often still receive compensation in cases of serious injury.Frequently asked questions about own fault in Leiden
How is my compensation determined if I am partly at fault?
The compensation is reduced based on your share of the fault. First, it is examined who caused what (causality), followed by an equity correction based on injury and circumstances. For example, with 30% own fault, you receive 70% compensation. In traffic situations, there is often a minimum of 50%.
What if I was not wearing a seatbelt in an accident?
Not wearing a seatbelt is often considered 25% own fault, which reduces your compensation by that percentage. The other party must prove that a seatbelt would have limited the injury. In cases of serious injury, the court may mitigate the reduction.
Does the 50% rule also apply to adults on bicycles?
Yes, this rule applies to all non-motorized road users, including adult cyclists and pedestrians. You receive at least 50% of the damage compensated, even with own fault. For children under 14 years old, 100% compensation often applies.
Can my employer claim own fault in a work accident?
Only in cases of intent or deliberate recklessness can an employer invoke own fault. In most cases, the employer remains liable, even if there was a mistake on your part.
What to do if the insurer reduces my compensation?
Check whether the insurer has sufficient evidence for your fault. Request a clear explanation of the percentage. If you disagree, you can object or seek legal assistance, for example at the Juridisch Loket Leiden (Stationsweg 46).
Court and legal assistance in Leiden
For matters regarding personal injury and own fault, you can go to the Rechtbank Den Haag, Leiden location. For free advice, you can contact the Juridisch Loket Leiden at Stationsweg 46.