schadevergoedingsplicht

schadevergoeding is a Dutch term that translates to "compensation for damages" or "indemnity" in English. It refers to the payment made by one party to another to cover losses or injuries incurred. This concept is fundamental in legal and insurance contexts, aiming to restore the injured party to the position they would have been in had the damaging event not occurred.

In civil law, schadevergoeding can arise from various situations, including breach of contract, torts (wrongful acts), or negligence. The injured party, or claimant, must typically prove that damage has occurred, that this damage is attributable to the actions or omissions of another party, and that there is a causal link between the act and the damage. The compensation can cover economic losses, such as lost income or repair costs, as well as non-economic losses, like pain and suffering or emotional distress, depending on the jurisdiction and the nature of the claim.

Within insurance, schadevergoeding is the core principle. An insurance policy is essentially an agreement where an insurer agrees to compensate the policyholder (the insured) for specified losses or damages in exchange for premiums. The terms and conditions of the policy dictate the extent and circumstances under which schadevergoeding will be paid. For example, in car insurance, schadevergoeding would cover repairs to a vehicle after an accident or liability for damages caused to a third party. The process often involves submitting a claim, which is then assessed by the insurer based on the policy coverage and evidence provided.