The claims process
Dutch personal injury terms explained in English
Understand words such as aansprakelijkheid, voorschot and vaststellingsovereenkomst before responding to an insurer or adviser.
Liability and the person handling the claim
Aansprakelijkheid means legal liability. An aansprakelijkstelling is a notice holding a party responsible; sending one is not the same as receiving an admission. An aansprakelijkheidsverzekeraar is a liability insurer. Your belangenbehartiger is the representative acting for your interests in the claim.
Ask which party has been contacted and whether responsibility has actually been accepted. An acknowledgement that a letter was received is not necessarily an acknowledgement of liability.
The different kinds of loss
Letselschade means loss associated with personal injury. Materiële schade concerns financial loss, such as additional expenses or missed income. Smartengeld concerns qualifying non-financial harm. Verlies van verdienvermogen refers to loss of earning capacity, which can extend beyond one missed wage payment.
Our guides to smartengeld and future earning capacity explain why these should be considered separately. A schadeoverzicht or schadestaat is an overview of claimed losses, not an automatic approval of them.
Payments and medical evidence
A voorschot is an advance. It may cover an accepted part of the loss while the rest remains unresolved. A medische machtiging authorises specified medical information to be requested. Read its scope instead of treating it as a routine administrative signature.
A medisch adviseur assesses medical information for the claim. A medische eindtoestand broadly concerns a sufficiently stable medical situation; it does not necessarily mean that every symptom has disappeared. Ask what the term means in your particular assessment.
Words that can affect your remaining rights
A vaststellingsovereenkomst is a settlement agreement. Finale kwijting generally concerns final release from further claims within its scope. A voorbehoud is a reservation, but its wording determines what is preserved. Verjaring concerns limitation; stuiting concerns an act interrupting a limitation period where the legal requirements are met.
Do not sign based only on a glossary. Read the settlement guide and the existing explanation of limitation periods. Injury Lawyer can explain your actual correspondence in English through our contact page.
What to keep or ask for
- The full letter, including attachments and dates.
- A list of terms or passages you do not understand.
- Confirmation of what has been accepted and what remains disputed.
- Advice on documents that release or limit rights.
Questions you may still have
Does “we are handling your claim” mean liability is admitted?
Not necessarily. It may only mean that the insurer has opened a file. Ask for its explicit position on responsibility and any reservations.
Can I rely on a literal machine translation?
Use it cautiously for orientation. Legal expressions can have consequences that a literal translation misses, especially in authorisations and settlement agreements.
Sources and legal context
General information about Dutch personal injury claims. Some source material is in Dutch. Your circumstances may require a different assessment.
This guide explains general principles. It is not a decision on liability or the value of an individual claim.