Case law
De Letselschade Raad
De Letselschade Raad is not a dispute-resolution body but a consultative platform bringing together everyone involved in settling personal-injury claims: victim support organisations, insurers, claimants' representatives, labour experts, medical advisers and rehabilitation providers. It publishes the Personal Injury Guidelines with their standardised amounts, the Code of Conduct for Handling Personal Injury Claims, and the Personal Injury Register listing the organisations bound by that code.
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What this source does not give you
The organisation issues no rulings and publishes no case law: nothing it produces decides an individual file. Anyone who needs a dispute settled must turn to the courts or to an agreed dispute procedure. The guidelines also bind only those parties that endorse the code of conduct, and contain a hardship clause for situations where applying them would work out unreasonably.
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Frequently asked questions
- Does De Letselschade Raad rule on individual cases?
- No. It publishes guidelines, a code of conduct, standardised amounts, public information and a register of participating organisations. It does not decide individual files and does not adjudicate on a particular settlement. For a decision on the claim itself, the civil court or an agreed dispute procedure is the route.
- Which Personal Injury Guidelines exist?
- The guidelines cover household help, mileage, minor injury including non-pecuniary damages, study delay, do-it-yourself work, hospital and rehabilitation daily allowances, and the calculation model for loss following death, alongside the definition of economic vulnerability. They set standardised amounts intended to prevent argument and to treat like cases alike.
- Are the standardised amounts in the guidelines binding?
- They are binding on parties that endorse the Code of Conduct for Handling Personal Injury Claims, subject to a hardship clause: if applying a guideline would work out unreasonably or does not fit the specific situation, the parties must discuss what would be reasonable instead. Courts are not bound by the guidelines, but in practice increasingly use them as a reference, including where the parties are not formally bound.
- How current are the amounts?
- The guidelines are indexed annually, with a yearly review of which ones need adjusting under a fixed methodology. Alongside the current version, the organisation publishes the indexation rationale and a historical overview. Always check which year an amount belongs to; a figure taken from an older file or publication is not automatically the current one.
- What are the Personal Injury Register and the National Quality Mark?
- The Personal Injury Register lists the organisations that have committed to the Code of Conduct for Handling Personal Injury Claims: insurers, lawyers, claims-handling firms, labour experts and rehabilitation providers. The National Quality Mark is the associated, independently audited quality scheme covering claimants' representatives and service providers that meet its requirements.