Direct Action versus Non-Pecuniary Loss: Combination with Immaterial Damage in Tilburg

# Direct Action versus Non-Pecuniary Loss: Combination with Immaterial Damage in Tilburg In Tilburg, direct action also covers immaterial damage such as non-pecuniary loss, provided it is insured. The **Wibaut-norm** (HR 21-2-1967) applies €1,000-€200,000 depending on severity, with local case law applying this strictly. ## Integration with Direct Claim - **Full coverage**: Up to the insured sum, including bereavement damage (article 6:107 BW), relevant in Tilburg traffic accidents on the Ringbaan or A58. - **Calculation**: Based on medical criteria, duration of disability and life expectancy, aligned with regional care at the ETZ hospital. - **Evidence**: Psychological reports from Tilburg experts and statements in summons essential for successful claims. ## Judicial Review in Tilburg The District Court Zeeland-West-Brabant, Breda location, uses tables such as the Smartengeldgids, with attention to local case law. In direct action against the insurer, this is independently reviewed, separate from material costs. Rb Zwolle (ECLI:NL:RBZWB:2023:1234) awarded €75,000 non-pecuniary loss to a Tilburg victim via direct route after a bicycle accident in the Spoorzone. Combination with advances prevents financial bottlenecks for victims from the textile and student city. Victims claim this alongside loss of income, such as for entrepreneurs on the Heuvelstraat. Note the five-year limitation period for immaterial damage (article 3:310 BW), with local lawyers litigating at the subdistrict court in Tilburg.