When a child is involved in an accident, everything comes to a standstill. In addition to concerns about your child's recovery, the question of your rights and how the damage should be compensated quickly arises. Under Dutch personal injury law, minors have a special protected status.
This is not without reason. Children are more vulnerable, less able to assess risks, and should not suffer the legal consequences of this. In this blog, we explain which rules apply to personal injury claims involving minors, what you as a parent should be aware of, and how to prevent your child from losing out on their rights.
Why minors receive extra protection in personal injury cases
The legislator recognises that children handle danger differently from adults. They act more impulsively and often do not fully understand traffic or safety risks. For this reason, stricter liability rules and additional safeguards apply to minors in the settlement of personal injury claims.
This protection is reflected in:
- the 100% rule in traffic accidents;
- an extended limitation period;
- mandatory judicial review;
- protected handling of the compensation.
The 100% rule in personal injury claims involving minors
One of the most important rules regarding personal injury in minors is the so-called 100% rule.
What does this rule entail?
If a child is under 14 years of age and is involved in a collision with a motor vehicle (such as a car, moped, or motorcycle), the insurer of that vehicle must compensate 100% of the damage.
This applies even when:
- the child crossed the road unexpectedly;
- failed to give right of way;
- or otherwise made a traffic error.
Only in exceptional cases of intentional and deliberately reckless behaviour may an exception be made. In practice, this virtually never occurs.
For parents, this means that any discussion about the child's "fault" is usually irrelevant.
Limitation period in personal injury claims involving minors
In standard personal injury cases, a claim must be filed within five years. For minors, an important exception applies.
The limitation period only begins at the age of 18
In personal injury claims involving minors, the limitation period only begins to run on the child's 18th birthday. This means that:
- parents do not need to take immediate legal action;
- the child can independently file a claim until the age of 23.
This provision prevents a child from being disadvantaged because parents did not take action earlier.
Compensation for minors and the BEM clause
If compensation is awarded to a minor, the money may not be freely spent.
What is a BEM account?
The compensation is deposited into a blocked account with a BEM clause (Management of Inheritance for Minors). This means:
- the money is protected;
- parents cannot simply withdraw it;
- the amount is automatically released when the child turns 18.
If you wish to use the money earlier, for example for medical treatment, therapy, or education, permission from the subdistrict court is required.
Settlement agreement: always subject to review by the subdistrict court
Personal injury cases are usually concluded with a settlement agreement. This document contains the arrangements regarding compensation and the further settlement of the claim.
Extra protection for children
In cases involving minors, the subdistrict court is required to assess in advance whether the agreement:
- is fair and reasonable;
- covers all damage, including future damage;
- is genuinely in the best interest of the child.
Without this approval, the agreement is not legally valid. This is an important additional layer of protection for minors.
Why personal injury involving children must be handled with extra care
In the case of children, the long-term consequences of the injury are often not yet clear. Consider:
- limitations in education or employment;
- permanent physical or psychological complaints;
- consequences for future income.
A premature or careless settlement may result in damage that can no longer be recovered later. This is precisely why specialised legal guidance is essential.
Legal assistance for personal injury involving minors
Our personal injury lawyers have extensive experience with personal injury claims involving minors and guide parents and children from start to finish. We ensure that:
- all items of damage are taken into account;
- future damage is not overlooked;
- statutory protection rules are correctly applied.
The costs of our assistance are recovered from the liable party, making our help free of charge for parents.
Need help after an accident involving your child?
Has your child been involved in an accident, such as a collision, fall, dog bite, or other incident? Then it is important to know where you stand in good time and what steps you can take.
We are happy to assist you with expert and committed legal advice, so that you can focus on what truly matters: the recovery and future of your child.