If you have suffered damage due to the actions of the government, you can hold it liable. You do this with a written request for compensation before bringing the matter before a judge.
Importance of Liability Notice
Holding the government liable is a crucial first step, because:
- It prevents your claim from becoming time-barred
- It gives the government the opportunity to pay without legal proceedings
- It provides room for a settlement
- It is a requirement before starting civil proceedings
What Should Be Included in the Liability Notice?
A clear liability notice includes the following points:
- Your personal details (name, address)
- The date of the letter
- A description of the unlawful action of the government
- The nature and extent of the damage suffered
- The connection between the action and the damage
- The claimed amount
- A response period (for example, 4 weeks)
Address for Sending
| Government Body | To the Attention of |
|---|---|
| Municipality | College of Mayor and Aldermen |
| Province | Deputed States |
| Central Government | The responsible minister |
| UWV or SVB | Board of Directors |
Government's Response
After sending your letter, the government may:
- Accept liability and pay out
- Make a compromise proposal
- Deny liability
- Request additional information
Frequently Asked Questions about Liability Notices
How long does it take to receive a response?
Set a reasonable period, such as 4 to 6 weeks. If no response comes, you can start legal proceedings at the court.
Is registered mail necessary?
It is not mandatory, but it is advisable to have proof of sending and receipt.
Can I send the liability notice digitally?
Yes, by e-mail is possible, but a physical letter provides more certainty. Always request confirmation of receipt.
Additional Questions and Answers
What if the government ignores my letter?
If no response comes within the set period (for example, 4-6 weeks), you can file a case with the civil court, such as the District Court of The Hague. The lack of response does not mean you automatically win, but it does give you the opportunity to take legal steps. Ensure proof of sending, such as registered mail.
Is a lawyer needed for a liability notice?
No, it is not mandatory, but in complex cases, a lawyer can help make your letter legally watertight. For simple claims, you can draft a letter yourself with the help of templates or advice from the Juridisch Loket Westland.
How detailed should I describe the damage?
Be as specific as possible about the damage, including amounts and supporting evidence such as receipts or reports. Also explain how the damage was caused by the government, for example: 'Due to an error in the permit granting, I lost €3,000 in income, see attached overview.'
Can I claim interest on the compensation?
Yes, you can claim statutory interest on the damage amount from the date of the damage. The interest rate for non-commercial matters is currently 2% per year (as of 2024). Mention this explicitly in your letter, for example: 'I also claim statutory interest on €X from [date].'
What if the government only wants to compensate part of the damage?
If the government acknowledges liability but does not pay the full amount, you can negotiate. Send a substantiated response with additional evidence. If this fails, you can still go to court, possibly with the help of a lawyer.
How quickly do I receive my money upon acknowledgment of liability?
Upon acknowledgment of liability, payment may take a few weeks to months, depending on internal processing. Request a clear timeframe and follow up via phone or e-mail.
Is it possible to hold liable for non-material damage?
Yes, in certain cases you can claim emotional or non-material damage, but this is harder to prove. You must demonstrate that the government acted unlawfully and that this directly caused psychological damage.