If you have been involved in a collision, the most important thing is this: first ensure safety, document everything at the scene, and have injuries medically assessed as soon as possible. Who is liable for the damage depends on the traffic situation, the Road Traffic Act (Article 185 WVW), and the rules regarding unlawful acts (Article 6:162 BW). If you have sustained injuries as a result of the collision, you can claim damages from the opposing party or their insurer — and reasonable legal assistance costs are included in this according to Article 6:96 paragraph 2 BW. Below, you can read exactly what is the best course of action to take now.
The short answer
- What to do first: stop, turn on your hazard lights, check if anyone is injured, and call 112 in case of injury. Only move your vehicle if it is safe to do so.
- When to record: immediately at the scene — fill in the accident report form (European accident report form) together, photograph everything, and note down witnesses.
- How to document an injury: go to your GP or the emergency department even if in doubt; symptoms such as neck pain or headache sometimes only appear a day later. A medical record serves as your proof later on.
- What it costs you: if you suffer injury and another party is liable, the costs of legal assistance are recovered from the opposing party (Art. 6:96 BW). In that case, you pay nothing for our assistance.
Immediately after the collision: the first minutes
The first moments after a collision often determine how strong your position is later. Follow this sequence:
- Ensure safety. Turn on your hazard lights, put on a safety vest if possible, and place a warning triangle. Stay clear of moving traffic.
- Check for injuries. Check yourself, your passengers, and the other party for injuries. In case of injury or doubt, call 112 immediately.
- Call the police if necessary. In cases of injury, a hit-and-run, a drunk driver, or disagreement regarding fault, a police report is valuable evidence.
- Do not move anything too quickly. Take photos of the final position of the vehicles before moving anything to the side (unless it is dangerous).
Are you mainly going to think about claiming compensation for your damages? Then also read our explanation about damage after a traffic accident.
Fill out the claim form correctly
The European Accident Report form (damage form) is the document on which insurers base their assessment. Always fill it out on the spot together with the other party and pay attention:
- note down the license plate number, name, address, and insurance details of the other party;
- Draw a clear situation sketch showing driving directions, right of way, and the position of the vehicles;
- Only tick what is factually correct — do not admit guilt if you are not sure;
- have both parties sign and keep a copy yourself (or a photo of it);
- Indicate whether there any injured parties or witnesses and note their contact details.
Do you prefer not to have your opposing party sign on the spot because the situation is unsafe or unclear? That is allowed. In that case, note down all the details separately and fill in the form later. A signed form only speeds up the process; it is not a requirement to assert your rights.
Collect evidence at the scene of the accident
The more you document, the less room there is for discussion later. Where possible, do the following:
- photos of all vehicles, the damage, the skid marks and the road situation (traffic signs, road markings, visibility);
- photos of your own visible injury, if applicable;
- a short video of the entire situation;
- notes on the time, the weather, and the lighting conditions.
Witnesses are worth their weight in gold. Ask passersby or other road users for their names and phone numbers. An independent witness can settle a dispute regarding liability in your favor.
Have injuries documented — even if in doubt
Many people feel very little immediately after a collision due to adrenaline. Symptoms such as neck and back pain, headaches, dizziness, or whiplash sometimes only manifest hours or days later. Therefore, the rule is: get a medical examination for any form of injury or if you have any doubts, either by your GP or at the emergency room.
Early medical registration is important for two reasons. Firstly, for your health: early treatment prevents worsening. Secondly, legally: it establishes the link between the collision and your symptoms. In cases of injury without a clearly visible cause, such as whiplash, that causal link is often the point of contention. The sooner and more clearly your symptoms are recorded, the stronger your case file. You can read more about your position as an injured person under collision with injury.
Property damage or personal injury: what is the difference?
Not every collision results in personal injury. It is good to know the distinction:
- Only property damage. Is there only damage to your car and no personal injury? Then you handle that directly with the insurers. You do not need a personal injury expert for that — see also our article on handling claims after a collision.
- Injury caused by another party. Have you sustained physical or psychological injury and is another party (partially) liable? Then you are entitled to compensation for both your material and non-material damages.
Do you mainly want to know how the claims process works with the third-party liability insurer? Then read about compensation after a car accident. If you have been hit as a cyclist or pedestrian, extra protection applies; we explain this under hit by a car.
What damages can you recover?
In the event of injury resulting from a collision, it involves more than just your damaged vehicle. You can claim compensation for, among other things:
- medical costs and your health insurance deductible;
- loss of income if you are (temporarily) unable to work;
- travel expenses to doctors and practitioners;
- domestic help you need due to your disabilities;
- compensation for pain, suffering, and loss of enjoyment of life (Article 6:106 of the Dutch Civil Code).
You can read exactly what you can claim in our explanation of compensation and pain and suffering.
What do you do in the days after the collision?
- Report the damage to your own insurer, even if you are not at fault.
- Keep all receipts and documents related to the collision.
- Keep a symptom diary if you have an injury: note pain, limitations, and doctor visits.
- Do not sign anything from the opposing party insurer without having it checked. A quick final settlement amount is often lower than what you are entitled to.
- Have your case reviewed by a personal injury lawyer if personal injury is involved.
When should you seek personal injury assistance?
In the case of only property damage, this is not necessary. However, as soon as injury is caused by the actions of another party, professional assistance is almost always advisable. A specialized personal injury lawyer or personal injury expert (NIVRE Registered Expert in Personal Injury) ensures that no item of damage is overlooked, negotiates with the insurer, and applies for an advance payment where possible. In the exceptional case that proceedings in court become necessary, a reputable personal injury firm a personal injury lawyer . However, the vast majority of cases are settled out of court.
Our specialists are affiliated with the National Quality Mark for Personal Injury and the Personal Injury Council, which ensures fair handling through the Code of Conduct for the Handling of Personal Injury Claims. You can read more about who we are on our about us page.
Honest recommendation
Seek help when it matters, and not before. Do you only have property damage and no other complaints? Then you can easily handle that yourself with the insurers — you don't need a lawyer for that. Are you unsure whether there is injury, or do you only feel symptoms developing later? In that case, at the very least, have a medical examination and your case assessed free of charge. Because if someone else is liable for your injury, professional help will cost you nothing: the costs will be recovered from the liable party (Article 6:96 paragraph 2 of the Dutch Civil Code). You can read the text of the law at wetten.overheid.nl.
Do you want to know where you stand? Schedule a free consultation or request a free intake . We will assess your case free of charge and claim your maximum compensation.
Frequently Asked Questions
Ensure safety first: switch on hazard lights, check for injuries, and call 112 in case of injury. Then, fill out the accident report form together at the scene, take photos, and note any witnesses. Have injuries medically assessed as soon as possible.
It is wise to do so, as a signed European Accident Report form speeds up the processing. If you are unable to do so or the situation is unclear, write down all the details yourself (license plate number, name, insurance, witnesses) and fill it in later. A signature is not a requirement to claim your rights.
Yes. Symptoms such as neck pain or whiplash often only appear hours or days later. Still go to your GP so that your symptoms are documented, and have your case assessed. That early registration helps substantiate the link to the collision.
If you have no personal injury and only damage to your vehicle, you handle that directly with the insurers. You do not need a personal injury expert for that. Personal injury assistance only comes into play when there is physical or psychological injury caused by the actions of another party.
In a recoverable case, the liable insurer also pays your reasonable legal assistance costs (Article 6:96, paragraph 2 of the Dutch Civil Code). You therefore pay nothing for our assistance. We always discuss clearly in advance whether your case is recoverable.
In many cases, you can turn to the Motor Vehicle Guarantee Fund. Always file a report with the police and gather as much evidence as possible. A personal injury expert can help you submit the claim to the Guarantee Fund.
Injury caused by someone else?
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