Schadeuitkering

Schadeuitkering is a Dutch term used for a payment that compensates a person for damages suffered as a result of another party’s fault or of an insured risk. In Dutch law the overarching concept is usually described as schadevergoeding (compensation), while schadeuitkering refers to the actual payout by an insurer, a liable party, or a special fund after liability and the extent of damage are established.

Scope and types of damages: A schadeuitkering can cover material damages, such as repair costs, medical expenses, and lost earnings, as well as non-material damages like pain and suffering or loss of quality of life. What can be recovered depends on the type of claim (contractual liability or non-contractual liability) and the applicable rules in the Dutch Civil Code and relevant case law. In insurance contexts, the insurer pays the damages directly to the insured or to a third party entitled to compensation.

Process and procedure: To obtain a schadeuitkering, the claimant must prove the damage, establish the liability of the other party, and quantify the damages. Evidence can include invoices, medical reports, and expert assessments. If both sides agree on liability and amount, the payout follows through without court action; if not, the case may be disputed in negotiation, mediation, or civil proceedings. Insurers or liable parties may deny or limit a claim, which can lead to further dispute resolution or litigation.

Limitations and scope: Claims are subject to prescription under Dutch law, typically after a multi-year period, with variations depending on the type of claim. The term is also encountered in specific schemes, such as motor vehicle liability insurance, where statutory rules and funds may apply. Overall, schadeuitkering aims to restore the victim to the position before the incident as much as possible.