Dear all,

Do you remember? After I first made the announcements 1, 2 and 3, I nailed 95 statements at the church door of the Laurenskerk After  During my presentation in the church, the Tromps95 were placed on an international forum. After my presentation, I personally handed out a “scroll” with statements to a select group of influential people. With handing over the scrolls, I started a Hammer Challenge. We ended the day with a drink in what was going to be our future office space. Afterwards I was reporting on a memorable day.

 

In this newsletter I will report on the progress of my campaign. In that respect I will write about:

1.    The 95 statements: why again?

2.    How was the campaign received?

3.    The first follow-up

4.    The AVG as an example of return to autonomy

5.    The international forum

6.    Do you want to receive a scroll with the 95 statements?

7.    Our new office space

8.    Un cri de coeur: a whip of the commerce

9.   The next newsletter

10. Sign up for the newsletter

 

1. The 95 statements: why again? 

The 95 statements together represent a plea for introducing personal injury 3.0 with the new creed: return to autonomy. In that way I want to contribute to a more balanced, more efficient and above all fairer process in personal injury cases (the general name for personal damages and damages in the case of death). The underlying message of the 95 statements is the need for (i) greater empathy for the victims and their survivors, (ii) better communication and (iii) more and better collaboration. This does not only require a holistic approach, but also a shift from adopting an attitude to fulfilling an assignment.

 After my presentation in the Laurenskerk, I personally handed over the scroll with statements to various influential people within our field of expertise, with the request to discuss one or more specific statements with the co-workers in their organization and to consider a follow-up. That started the Hammer Challenge.

The statements have also been placed on an international forum: Tromps95. This makes it possible to react to one or more statements on both a national and an international level. It is also possible to reply to those reactions. This will allow international cooperation on the development of a more holistic approach to our profession, creating a basis for personal injury 3.0 with the creed: return to autonomy.

 

 2. How was the campaign received?

I am proud to report that my campaign has been well received. Before, during and after my campaign I received support worldwide. After the campaign people were even calling me Maarten Luther instead of Maarten Tromp.

Also the underlying message of my campaign has been well received. For example: the banner of the website Tromps95 was showed during the presentation of Victor Jammers (member of the board of Slachtofferhulp Nederland, translated: Victim Support), to whom also a Hammer Challenge was dedicated.

 

Another sign that the campaign was well received are the invitations I received from Het Personenschade Instituut voor Verzekeraars (PIV, translated: The Personal Injury Institute for Insurers) and Slachtofferhulp Nederland, to come and talk about the statements.

 

3. The first follow-up

My statements encouraged Terzet (a renowned agency for labour disability issues) to ask me to contribute to the digital conference in honour of their 25th anniversary. I participated with pleasure. I wrote my contribution under the title: The perpetuum paradox, with the subtitle: is there still room for the individual? Specifically, I was asked to predict (i) how the (personal injury)world would look like in 25 years and (ii) what the status would be regarding the 95 statements that I launched on 31 October 2017. In my contribution I mainly addressed the statements that are relevant to the subject ‘labour’. On our blog you can find a summary of my article in Dutch. Are you interested in reading the entire article? Please click here. By clicking this link you will be redirected to the website of Terzet. There you will find all articles in Dutch, which are also available for download.

With respect to the first newsletter after 31 October 2017 of the Pan European Organisation of Personal Injury Lawyers (PEOPIL), I have (once again) drawn attention within that network to the 95 statements and the international forum, where it is possible to react to the statements in three languages.

My statements 58 to 72 (all about damages in the case of death) were reason for the editors of the Tijdschrift Vergoeding Personenschade (TVP, translated: Journal for the Compensation of Personal Injury Claims) to ask me to contribute to their special edition about ‘death’. I recently sent my article to the editors. The journal will be published in December 2018.

As per 1 January 2019, the Dutch Law will introduce a legal basis for the right of non-pecuniary damages for third parties. This will fulfil my statement 59: “The legislative bodies in the Netherlands are in remiss, since 1975, in introducing a legal right to non-pecuniary damages in the case of death.” This legal introduction is not solely the result of my 95 statements, but still! Especially for this newsletter John van der Wouden wrote a note about non-pecuniary damage (in Dutch).

Finally, I can report movement at a political level regarding the fiscal effects of compensation on the entitlement to surcharges/benefits in general and to the own contribution of individuals in particular. In that respect I refer to the letter of 13 July 2018 from Minister Hugo de Jonge to the Dutch parliament. Especially the many years of dedication from Henk Koudijs should not be forgotten in this context. Henk Koudijs was involved in a personal injury case himself for 39 (!) years. On 31 October 2017 I also gave him a scroll with a call to the market through statement 95: “Life is too short for a long and frustrating adjustment process. However, it can never be too long for a good glass of wine”.

 

4. The AVG as an example of return to autonomy

 The Algemene Verordening Gegevensbescherming (AVG, translated: the General Data Protection Regulation) came into force on 25 May 2018. The Act replaces the Personal Data Protection Act of 2001. The AVG offers individuals a greater protection against data abuse in general and against unwanted data exchange in particular. It is important that individuals are now granted with more rights, such as the right to (i) access, (ii) rectification, (iii) erasing data, (iv) transferability and (v) objection. With all those rights, one gains more autonomy and control over the data that relates to oneself. Thus, the AVG is a good example of return to autonomy.

On a day to day basis we work with very personal data of (i) our clients and (ii) their family members. We have always treated that information very carefully. Of course, we will continue to do so. The AVG does not change that.

 

5. The international forum: Tromps95

To be honest, the activities on the forum Tromps95 have been a bit disappointing so far. This may be because we have not actively contributed to the forum ourselves yet, nor asked other people to comment on the forum. In the coming year we will focus more (and better) on that.

Do you feel like contributing to the forum? That is very easy. After you have logged in (via a one-time Sign Up, on the right hand side of the homepage), you will get access to the 95 statements and our private members-page. There you can follow all the activities on the forum, ranging from those of other members to all (inter)national reactions.

 

6. Do you want to receive a scroll with the 95 statements?

There are still some scrolls available. Do you want to receive a copy? Please send an e-mail to secretariaat@maartentromp.nl and we will send you a scroll (as long as they are in stock!).

 

7. Our new office space

After the ceremony on 31 October 2017 in the Laurenskerk, we had a drink in what was going to be our future office space. Eventually we moved into our new office space on 1 July 2018. Meanwhile we are already somewhat used to our new office space on the 22^nd floor of the WTC tower in the heart of Rotterdam. We are proud to add a few photo’s to give you an impression. Would you like to see an animation with more pictures? Please click here.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. Un cri de coeur: a whip of the commerce

In my opinion, the waiting time regarding (some) insurers is unacceptably high. Also, some insurers are experiencing a loss of (high quality) staff. This means that in complex cases the waiting time is even longer. It seems that (some) insurers pay more attention to their own organisation (whether or not this has something to do with ongoing merges/acquisitions) than to handling personal injury cases. As a result, lawyers on behalf of a victim have extra work. They repeatedly have to explain to their clients that and why an insurer does not respond to their messages.

It is clear that this is an unwanted situation. This is not disputed by insurers either. In that sense, the problem can be explained. But that does not mean that it also can be justified. It certainly cannot! It is also contrary to the Gedragscode Behandeling Letselschade (GBL, translated: the Code of Conduct for handling Personal Injury cases), that insurers imposed on themselves in mid-2006. Clients are experiencing the current situation as a “whip of commerce”.

It becomes completely objectionable if insurers do not want to make any advance payments in anticipation of a delayed reaction. This is contrary to statement 31: “Advance payments are the oil on the hinges of the claims settlement”. I am convinced that it is also counterproductive. It only leads to an increased workload and an increase of negative energy. Both factors increase stress. Not only for the insurer, but certainly for the victim. I would therefore like to express the hope that this kind of practice will soon be eradicated among (some) insurers.

 

9. The next newsletter

The aim is to publish a newsletter on 31 October every year, in which the progress of personal injury 3.0 in general and the role of Maarten Tromp Advocaten therein in particular will be reported.

 

10. Sign up for the newsletter?

SHas this international newsletter come to you via social media and would you like to automatically remain up-to-date on the latest news regarding this initiative? Then you can subscribe to our newsletter by opening this link. The subscribe button can be found in the upper left-hand corner.

 

Would you be so kind as to share this message within your network? In your tweets, could you please (continue to) use the hashtag: #Tromps95?

 

Why? Because everyone might have to deal with personal injury in their life. And now you can help us to make a difference.

 

Spread the word!

 

Maarten Tromp & the team of Maarten Tromp Advocaten