What are the consequences for your personal injury claim if the responsible party goes bankrupt? And what if you yourself face financial distress due to your injury? This article discusses the overlap between personal injury and insolvency, specifically for the Leiden region.
Bankruptcy of the Liable Party
If the person or organization that caused your injury goes bankrupt, this can impact your claim.
Different Scenarios
| Scenario | Impact | Action |
|---|---|---|
| Private individual with liability insurance | Direct claim against insurer | File claim with insurer |
| Employer with business liability insurance | Direct claim against insurer | File claim with insurer |
| Company without coverage | Concurrent claim in bankruptcy | Report claim to trustee |
| Damage caused by motor vehicle | Mandatory motor vehicle liability insurance | File claim with motor vehicle liability insurer |
Direct Claim Against Insurer
With a liability insurance policy, as the injured party you can directly file a claim against the insurer, in accordance with Article 7:954 of the Dutch Civil Code.
Advantages of Direct Claim
- Independent of insured party's bankruptcy
- No competition with other creditors
- Insurer pays out directly to you
- No dependence on trustee
Limitations of Direct Claim
- Limited to insured maximum
- Damage exceeding insured amount not covered
- Policy conditions and exclusions 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
- Trustee assesses and registers the claim
- Participation in verification meeting
- Payout (if funds are available)
Expectations for Payout
Concurrent claims often yield only a fraction of the claim (0-10% is common). Personal injury claims have no priority over other debts.
Guarantee Funds as a Solution
In some cases, special funds can provide assistance for personal injury.
Relevant Funds
| Fonds | Application | Compensation |
|---|---|---|
| Motor Vehicle Guarantee Fund | Uninsured/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, potentially resulting in debts or a debt restructuring trajectory under the WSNP.
Protection of Payouts
Personal injury payouts have some form of protection:
- Pain and suffering compensation: not subject to attachment (Article 475c Rv)
- Material damage: subject to attachment
- WSNP: pain and suffering compensation can remain outside the estate
WSNP and Personal Injury in Leiden
In debt restructuring (WSNP), specific rules apply to personal injury payouts.
Key Points
- Report ongoing matters to the administrator
- Pain and suffering compensation can be kept outside the estate
- Material compensation falls into the estate
- Earmark payouts for clarity
Advances and Attachment Risk
Creditors can attach advances you receive during the handling of your case.
Advice
- Request splitting into pain and suffering and material damage
- Place pain and suffering compensation in a separate account
- Seek legal advice in case of financial problems
- Consider protective administration in Leiden
Summary
The combination of personal injury and insolvency is complex. Key points:
- Insured tortfeasor: direct claim provides certainty
- Uninsured tortfeasor: limited recovery possible
- Pain and suffering compensation is protected against attachment
- In case of money problems: seek help via Juridisch Loket Leiden
Local Assistance in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. Additionally, the District Court of The Hague, Leiden location handles matters related to personal injury and insolvency.