What is an advance on compensation?
When you are involved in an accident or sustain personal injury caused by another party, the settlement of your claim can take months or even years. In the meantime, you may face significant costs: medical treatments, loss of income, and other expenses directly related to your injury. An advance on compensation offers relief in this situation.
When are you entitled to an advance?
Pursuant to Article 6:162 of the Dutch Civil Code (BW), the liable party is obliged to compensate the damage resulting from a wrongful act. When liability has been established or is highly probable, you can request an advance on your final compensation from the opposing party's insurer. This advance will be deducted from the final settlement.
How do you request an advance?
Requesting an advance begins with submitting a substantiated claim to the liability insurer. It is important that you can demonstrate that liability has been acknowledged or that there are strong indications of liability. Your personal injury lawyer prepares an advance request in which the damage already suffered and the anticipated future damage are explained.
The insurer then assesses your request. In practice, advances are regularly granted when there is clear liability. The advance may cover material damage (medical costs, travel expenses, loss of earning capacity) and non-material damage (pain and suffering compensation).
What if the insurer refuses?
If the insurer refuses to provide an advance while liability has been established, you can enforce an advance through summary proceedings at the court. The judge can order the insurer to pay a provisional measure pursuant to Article 254 of the Dutch Code of Civil Procedure (Rv). This is an effective means of alleviating financial hardship.
Tips for obtaining an advance
Collect all relevant documents: medical reports, pay slips, invoices, and proof of expenses incurred. The better your damage is substantiated, the greater the chance of a swift and adequate advance. Additionally, always engage a specialised personal injury lawyer. At Arslan Advocaten, we are happy to assist you with requesting an advance and safeguarding your rights throughout the entire personal injury process.
Contact us without obligation for a free intake consultation. We will assess your situation and advise you on the options for obtaining an advance.