Legal Advice on Limitation and Non-pecuniary Damages


Questioner

I saw you on Radar last Monday. It just so happens that we also started working with a leasing company quite some time ago. We then paid the compensation for pain and suffering of our minor daughter after a very serious accident to a leasing company. Instead of receiving approximately 75,000 guilders, we had to add approximately 5,000 to pay off the damage. We ourselves also invested large sums of money in the ship. We have not settled with the arrangement. The fact is that we no longer have any records of the policies. We were so angry at the time that we threw everything in the trash. Is there still a way to get everything back?

Lawyer

You can of course try to get the documents above water after all, because they have a retention obligation of 7 years. There may be a reverse burden of proof. In addition, the free evidence doctrine applies again: you can even try to make your case with e-mail and text messages, witnesses. If there really is nothing, it will be difficult.

Questioner

Thank you very much for your quick response. I wrote in my email to you that we no longer have any documents from the policy we closed. That is true, but our daughter has kept everything, A few more questions, what to do now, and is there no limitation period? What do I need to do to open something?

Lawyer

Yes, there is a limitation period, but you should at least prevent other periods from also expiring. A lawyer will have to write a letter for you or you can download a sample letter, which is sometimes on the websites of the collective actions.

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