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A personal injury advance is an interim financial payment by the liable party to the personal injury victim under Dutch law in the Netherlands. This is intended to cover ongoing costs and loss of income before the case is finally settled. After an accident, your fixed expenses continue and you incur additional costs, while your income may decrease. To prevent you from getting into financial trouble, we claim one or more advances for you during the handling of your personal injury case. We are happy to help you with this.
Do you want to know immediately whether you are entitled to an advance and what the approximate amount of the personal injury compensation will be? Take the free Quickscan on our website. Within 5 minutes you will know if you have a case. You can also directly use our contact form. Your case will be handled personally by mr. Patrick Nobel, a specialized personal injury lawyer. For you, our help is completely free of charge; based on art. 6:96 BW, the liable opposing party pays our costs. Do not wait too long, so that we can quickly alleviate your initial financial distress.
What is an advance on personal injury compensation?
A personal injury case often takes months or even years before a final medical situation is reached. Only when you have fully recovered, or when it is clear that your medical situation is stable, can the final balance be drawn up. In the meantime, you do incur immediate costs. A personal injury advance is an interim payment that the opposing party’s insurer transfers to you. This amount is later deducted from the total compensation at the final settlement.
The purpose of a compensation advance is to provide financial peace of mind. Without these interim payments, many victims are forced to use their savings. However, you should be able to focus entirely on your medical recovery. Our firm takes this worry off your hands and ensures that the insurer provides advances in a timely manner.
What do the law and the code of conduct say?
The basis for claiming your damages and the corresponding advances is laid down in the Burgerlijk Wetboek (Dutch Civil Code (BW)). In addition, the Gedragscode Behandeling Letselschade (Personal Injury Claims Handling Code of Conduct) is of great importance. This code of conduct sets clear rules for insurers regarding the timely provision of advances during the claims handling process.
Based on art. 6:162 BW, the person who commits a tort is obliged to compensate the damage you suffer as a result. As soon as liability is acknowledged, the legal obligation to compensate the damage arises. You are then immediately entitled to an advance.
The law specifies exactly which damages are eligible for compensation. According to art. 6:95 BW, the damage consists of financial loss and other disadvantage. Art. 6:96 BW defines financial loss as loss suffered and profit deprived, as well as reasonable costs to determine the damage. This means that the costs of our firm must also be paid by the opposing party. For non-material damage, art. 6:106 BW entitles you to pain and suffering compensation (smartengeld).
What does the judge say about paying an advance?
When an insurer refuses to proceed with paying an advance, the judge can offer a solution. Clear frameworks have been established in case law for a personal injury advance. We use this jurisprudence to force insurers to pay.
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Urgent interest in summary proceedings In the case ECLI:NL:GHSGR:2008:BC9236, the Court of Appeal of The Hague ruled on an advance in summary proceedings. The judge determined that an advance can be awarded if the claim is plausible and there is an urgent interest.
Plausibility of the extent of the damage The Court of Appeal of Arnhem-Leeuwarden ruled in ECLI:NL:GHARL:2016:8777 that the interests of both parties must be carefully weighed. The plausibility of the extent of the damage is decisive in this regard. We ensure that your file is watertight.
Repayment of advances In the case ECLI:NL:HR:2022:1375, the Hoge Raad (Dutch Supreme Court) upheld a ruling in which an insurer was allowed to reclaim paid advances due to a suspicion of fraud. We therefore only claim realistic, well-substantiated amounts.
Step-by-step plan: how do you request a personal injury advance?
To make the process transparent for you, we as a personal injury lawyer use a concrete step-by-step plan for requesting your advance:
1. Holding liable: We formally hold the opposing party liable for your injury. 2. Mapping the damage: We collect evidence of your initial expenses and loss of income. 3. Claiming an advance: As soon as liability is acknowledged, we immediately submit a reasoned request for an advance. 4. Monitoring payment: We ensure that the insurer transfers the amount to you quickly and correctly.
An advance on personal injury compensation in practice
When liability is acknowledged by the insurer, we immediately request an initial advance. Sometimes the exact damage is still difficult to calculate. In that case, we request a general advance. A general advance is a round amount that is transferred without it already being exactly linked to specific receipts.
An advance is usually requested for concrete items of damage:
- Loss of income because you cannot work or can work less.
- Costs of medical treatments, such as your deductible or physiotherapy.
- Costs for domestic help.
- Travel costs to the hospital or our office.
Which other items of damage might you forget?
Many victims only think of the direct medical costs when it comes to personal injury. However, there is much more to claim. A good personal injury lawyer maps out your full damages.
| Item of damage | What is it? | Why often forgotten? |
|---|---|---|
| Domestic help | Compensation if you cannot clean, cook, etc. | Insurer does not offer this spontaneously |
| Loss of self-sufficiency | Chores in and around the house that you can no longer do | Victims do not know this exists |
| Travel costs | Trips to doctors, therapists, and our office | Are often seen as minor costs |
| Study delay | Missed income due to graduating later | The financial impact is only visible later |
Do you want to know if you are immediately entitled to an advance? Take the free Quickscan and discover your options. Or use our contact form.
What if the insurer refuses to pay an advance?
Sometimes an insurer refuses to pay out an advance. They often hide behind missing medical information. We do not leave it at that. If the insurer pays what is reasonable, there is no problem. If they do not do this, we can start a partial dispute procedure before the judge.
Difference with related concepts
An advance is an interim payment. The final settlement is the definitive final payment. An advance is not a loan; it is a prepayment on money you are entitled to. Once it has been paid out, it is your property, provided the damage is definitively established.
Frequently asked questions
How much of a personal injury advance can I expect?
The amount of the advance depends entirely on your personal situation and the severity of the injury. With minor injuries, it often involves a few hundred euros for direct costs. With severe injuries involving significant loss of income, this can amount to tens of thousands of euros.
Can I also get an advance on pain and suffering compensation?
Yes, that is possible. Pain and suffering compensation is the compensation for your non-material damage. As soon as liability is established, we can request the insurer to already pay out an advance on pain and suffering compensation for this.
Do I ever have to repay an advance on my personal injury compensation?
As a rule, you do not have to repay an advance, provided it is based on acknowledged damage. An insurer can reclaim an advance if it later turns out that the final damage is lower, or in the event of fraud.
How soon after the accident is the first advance transferred?
As soon as the opposing party has acknowledged liability, we immediately request an advance. The amount is then often in your account within a few weeks.
Sources
| Source | Type | Date | Explanation |
|---|---|---|---|
| Art. 6:162 BW | Law | Valid as of 25-02-2026 | Forms the general basis for liability and compensation. |
| Art. 6:95 BW | Law | Valid as of 25-02-2026 | Determines the nature of the damage to be compensated (financial loss and other disadvantage). |
| Art. 6:96 BW | Law | Valid as of 25-02-2026 | Defines financial loss and the compensation of reasonable costs (including lawyer’s fees). |
| Art. 6:106 BW | Law | Valid as of 25-02-2026 | Defines non-material damage (pain and suffering compensation), to which an advance can relate. |
| ECLI:NL:GHSGR:2008:BC9236 | Case law | 08-04-2008 | In summary proceedings, an advance can be awarded if the claim is plausible and there is an urgent interest. |
| ECLI:NL:GHARL:2016:8777 | Case law | 01-11-2016 | When assessing an advance, the judge weighs the interests, whereby the plausibility of the extent of the damage is decisive. |
| ECLI:NL:HR:2022:1375 | Case law | 07-10-2022 | The Hoge Raad upheld (via art. 81 RO) the ruling that paid advances can be reclaimed in the event of a suspicion of fraud. |