Voordeelstoerekening
Set-off of benefits (voordeelstoerekening)
Set-off of benefits means that advantages arising from the accident may, under conditions, be deducted from the compensation.
Set-off of benefits ('voordeelstoerekening', Article 6:100 of the Dutch Civil Code) provides that a benefit the victim enjoys as a result of the same event may be set off against the damage to be compensated — to the extent that this is reasonable.
The Supreme Court sets two conditions:
Examples that are litigated include benefit payments, saved costs or an inheritance that has become available. Sum insurances (such as an accident policy that pays out independently of the damage) are in principle not set off. The assessment depends heavily on the specific case.
“The insurer invoked set-off of benefits because the victim had received a payment.”
Source: handmatig
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