In the event of an accident, reimbursing certain costs, such as hospital bills, is a straightforward matter. Other consequences such as pain, physical suffering, or the need for extra effort, are harder to determine, though. A doctor has to assess the injury. On the basis of his or her report, a judge or insurer then decides how much compensation the victim will receive. The Indicative Table, an important guideline for estimating damages, is often used for this.
At the end of last year, a new version of this table was published for the first time in four years. The amounts have gone up significantly to reflect socio-economic developments and recent case law. This is good news: as a victim, you are now entitled to more accurate and higher compensation. Moreover, the new table applies immediately to all cases that have not yet been finalised.
1. Higher daily allowances for temporary incapacity
The fixed daily allowances for personal suffering during recovery have risen by 15% to 20%. This applies to both personal incapacity (such as pain or disruption to daily life) and the temporary inability to carry out household tasks.
The basic daily allowance without hospitalisation has risen from €28 to €32.
With hospitalisation, it has increased from €34 to €39.
For domestic incapacity, the allowance has gone from €20 to €30 per day.
The additional allowance per dependent child has risen from €7 to €10.
2. Allowance for permanent incapacity triples
The most significant change is that the fixed amounts for permanent incapacity have been tripled.
Example: for a 30-year-old victim, the compensation per percent of permanent incapacity used to be €990. It is now €2,970. For 15% permanent incapacity, this means compensation of €44,550 instead of €14,850.
Compensation for cosmetic damage (such as scars) and for pain and suffering has also increased by 15%.
3. Higher compensation for surviving relatives in the event of death
Compensation for the suffering of surviving relatives has gone up significantly. Instead of a fixed amount, a range (between minimum and maximum amounts) will now be used. For partners and children of the victim, this range is between €15,000 and €45,000; previously, the compensation was always €15,000.
This range offers more flexibility to consider emotional ties and specific circumstances. However, it may also lead to disagreements in sensitive cases.
The new table means that as a victim or surviving relative, you will receive fairer compensation that takes more account of the reality of the situation. The amounts sought for physical injury compensation may be higher, and this is gradually being reflected in the handling of claims. Once again, the importance of good insurance is not to be underestimated.
