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Third-party account
An account held by a representative (belangenbehartiger) intended to receive funds belonging to third parties. In many cases such an account is held within a foundation (stichting).
Double reasonableness test
In addition to compensation for the damage (material and non-material), an injured party is also entitled to compensation for the costs of legal assistance — the costs of assessing and recovering the damage. These costs are reimbursed subject to the double reasonableness test: (1) engaging a representative must be reasonable, and (2) the costs must be proportionate to the damage. Engaging a representative is almost always considered reasonable; the second test causes more discussion. As a rule, around 15% of the damage amount is considered reasonable, but this depends on many factors.
Partial dispute procedure (deelgeschil)
A legal procedure specifically for personal injury cases. It has a short turnaround and carries less risk than full proceedings before the court. Within the procedure no experts can be engaged and no witnesses heard. It is only available if its outcome brings a settlement agreement (vaststellingsovereenkomst) closer. A further advantage for the injured party is that the representative’s costs relating to the procedure are likely to be reimbursed — even if the request is (largely) rejected.
Frequently asked questions
What is the double reasonableness test?
For reimbursing the costs of legal assistance it is tested whether (1) engaging a representative was reasonable and (2) the costs are proportionate to the damage. Often about 15% of the claim amount is considered reasonable.
What is a sub-dispute procedure (deelgeschil)?
A legal procedure specifically for personal injury with a short lead time and less risk than full proceedings, intended to break a deadlocked negotiation.
What is a third-party account (derdenrekening)?
A separate account of a representative, often held in a foundation, intended to safely receive third-party funds such as your compensation.