Improving the Process of Handling Personal Injury Claims in the Netherlands: A Comparative Research
PhD student: Mrs E.S. Engelhard
Promotor: Prof S.D. Lindenbergh
Duration: 1/9/2014 - 31/8/2018
The current extrajudicial process of handling personal injury claims in the Netherlands is problematic in several ways. Examples of these problems are the duration of the process and the psychological burden the process entails for the victim, causing secondary victimization. These problems are partially caused by legislation, since vague requirements such as 'causality' have to be met in order to establish liability, but the process but the process is also under-regulated and mechanisms monitoring this process are lacking. The extrajudicial process is solely regulated by soft law in the form of codes of conduct, while these are not suitable to solve the existing problems: diverging interests of parties impede the establishment of such regulations, victims are not familiar with the existing regulations, they are not binding for parties and sanctions on non-compliance do not exist. The Netherlands is not the only country facing these problems. Comparative studies on this subject, however, are scarce. The first part of the research therefore aims to thoroughly describe the currently existing problems with handling personal injury claims in the Netherlands. The second part of the research consists of comparative legal research, focusing on how other countries have dealt with similar issues and whether they have proven to be effective in their country of origin. This part will also examine whether those solutions could solve the existing problems in the Netherlands and if yes, how they could be implemented in the Dutch legal system.