Car-related personal injury occurs when you are injured in a car accident for which another party is liable. The driver who causes the collision is, in principle, liable on the grounds of unlawful act (Article 6:162 of the Dutch Civil Code); their mandatory third-party liability insurance covers your damages. If you are hit by a car as a cyclist or pedestrian, Article 185 of the Dutch Road Traffic Act (WVW) offers you additional protection. The most important thing to know: in a recoverable case, the liable insurer also pays your legal assistance costs (Article 6:96 paragraph 2 of the Dutch Civil Code), so good help generally costs you nothing.
The short answer
- What is it: all damages you suffer due to injury after a car accident — from medical expenses and lost income to pain and suffering.
- When to claim: as soon as another road user is (partially) responsible for the collision and you have been injured as a result.
- Who to pay: the third-party liability insurer of the liable driver. Is the perpetrator a hit-and-run driver or uninsured? Then the Motor Vehicle Guarantee Fund will compensate you for the damage.
- What it costs: nothing in recoverable cases — the costs of legal assistance are recovered from the liable party (Art. 6:96 BW). We work 100% paid by the insurer.
- How long: take the statute of limitations into account; do not wait, as evidence fades quickly.
Who is liable in a collision?
The core of a car case is liability: who caused the accident? Anyone who drives negligently — speeding, failing to yield, running a red light, or maintaining insufficient distance — acts unlawfully and is liable for the consequences (Article 6:162 of the Dutch Civil Code). Often the fault lies with a single driver, but sometimes both parties bear a share of the responsibility; in that case, the damages are divided proportionally (contributory negligence, Article 6:101 of the Dutch Civil Code).
In case of doubt regarding liability, the evidence counts: the claim form, witness statements, photos of the scene, and possibly a police report. A personal injury lawyer or specialized legal expert will assess the strength of your case and hold the correct party liable. Unsure about your position? Also read our explanation regarding personal injury resulting from a traffic accident.
The role of the liability insurer
Every motorized vehicle in the Netherlands is required to have third-party liability insurance. This liability insurance covers damage caused by the driver to others. As a victim, you therefore do not focus on the opposing party personally, but on their insurer — who ultimately pays out the compensation amount.
Keep in mind that the insurer has a vested interest: the lowest possible payout. A friendly claims adjuster from the opposing party is not your representative. Therefore, it is wise to be assisted by an independent personal injury expert who serves exclusively your interests and negotiates on your behalf. You can read about everything you can recover under compensation.
What should you do after a car accident?
The first hours and days after a collision help determine how strong your case file becomes. Follow these steps:
- Ensure safety and medical assistance. Call 112 immediately in case of injury and always have your injuries assessed by a doctor, even for seemingly minor complaints.
- Document the situation. Take photos of the vehicles, their position on the road, and any injuries; note the license plate number, names, and witnesses.
- Fill out the accident report form. Do not sign anything you do not agree with and do not admit guilt at the scene of the accident.
- Call the police as soon as possible in the event of a hit-and-run, injuries, or an unclear question of fault.
- Keep everything. Retain medical records, receipts, and a diary of your symptoms — these will substantiate your damages later.
- Have your case assessed before doing business with the opposing party's insurer.
What damages can you claim?
Personal injury after a car accident involves much more than just the repair of your car. You can claim, among other things:
- Medical costs not covered by your health insurer, such as deductibles, physiotherapy, and medical aids;
- Loss of income due to being temporarily or permanently unable to work or working less (loss of earning capacity);
- Domestic help and informal care that you need due to your injury;
- Travel expenses to doctors, hospitals, and practitioners;
- Material damage such as your damaged car, clothing, phone, or glasses;
- Compensation for pain and suffering for the suffering, pain, and loss of enjoyment of life (Article 6:106 of the Dutch Civil Code).
In the event of permanent injury, the damages can amount to a substantial sum, as future costs and lost income are also taken into account. You can read more about compensation for non-material damage on our page about pain and suffering.
Hit-and-run driver or uninsured perpetrator? The Motor Vehicle Guarantee Fund
Sometimes the liable driver cannot be traced or is uninsured. Fortunately, you are not left empty-handed in such cases. The Motor Vehicle Guarantee Fund compensates for personal injury in situations where there is no standard third-party liability insurer, including when:
- the perpetrator drove away and remains unknown (hit-and-run);
- the liable driver did not have valid third-party liability insurance;
- the vehicle was stolen and the thief caused the accident;
- The damage was caused by an object that remained unknown or was uninsured.
There are conditions and time limits attached to a claim on the Guarantee Fund. For example, in the case of a hit-and-run, you must demonstrate that you made reasonable efforts to track down the perpetrator, such as by filing a police report. A personal injury expert helps you take these steps correctly and on time, so that your compensation does not fall through due to a procedural error.
Article 185 of the Road Traffic Act: extra protection for cyclists and pedestrians
If you are hit by a car as a cyclist or pedestrian, you enjoy extra protection. Article 185 of the Road Traffic Act imposes increased liability on the owner or holder of the motor vehicle. In short: the motorist is in principle liable for your damage, unless there is a case of force majeure — and this is rarely met.
For children under the age of fourteen, even broader protection applies: their damage is almost always fully compensated. For adult cyclists and pedestrians, in practice, at least half of the damage is reimbursed, even in cases of some fault on their part. The precise distribution requires a specific legal assessment; therefore, have it reviewed by a specialist. You can find the text of the law at wetten.overheid.nl.
How does the personal injury claim process work after a collision?
- Free intake. You tell us what happened; we assess liability and the chances.
- Notice of liability. We hold the opposing party or their insurer — or the Guarantee Fund — liable in writing.
- Mapping out the damage. All damage items are substantiated, with a medical opinion where necessary.
- Negotiation. We claim your maximum compensation and, where possible, request an advance payment so that you do not wait months for money.
- Settlement. The matter is being settled; we only go to court in the event of an impasse.
Regarding your reasonable legal and assistance costs: according to Article 6:96, paragraph 2 of the Dutch Civil Code, these are part of your damages and are recovered from the liable party. That is why, in a recoverable case, you work with a genuine personal injury firm without it costing you anything. You can find our working methods and quality certifications under About Us.
Honest recommendation
Do you only have property damage and are you not injured? Then you do not need a personal injury lawyer; you handle that directly with the insurers. But as soon as there is an injury — including whiplash or neck complaints that only appear later — professional help is almost always wise. The opposing party immediately has an insurer on their side, and you are entitled to an equal position. Therefore, engage a specialist as early as possible: evidence and memories fade quickly, and in a recoverable case, good help costs you nothing.
Do you want to know where you stand? Schedule a free consultation or request a free intake . Our personal injury lawyers and legal experts will assess your case free of charge and claim your maximum compensation.
Frequently Asked Questions
The driver who causes the collision is, in principle, liable on the grounds of unlawful act (Article 6:162 of the Dutch Civil Code). His mandatory third-party liability insurance covers your damages. Sometimes both drivers bear a share of the fault; in that case, the damages are divided proportionally.
All your damages: medical expenses, loss of income, household help, travel expenses, property damage, and pain and suffering (Article 6:106 of the Dutch Civil Code). The insurer has a vested interest in a low payout, so seek assistance from an independent personal injury expert.
In that case, you can turn to the Motor Vehicle Guarantee Fund. This fund compensates for personal injury caused by a hit-and-run, an uninsured vehicle, or a stolen vehicle. However, conditions and time limits do apply, such as filing a police report in the case of a hit-and-run.
Yes. Article 185 of the Road Traffic Act imposes increased liability on the motorist. If you are hit as a cyclist or pedestrian, the driver is almost always liable. Children under fourteen receive almost full compensation for their damages.
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 pay nothing for our assistance in that case; we work 100% paid by the insurer.
In principle, a five-year statute of limitations applies to personal injury claims, but do not wait. Evidence fades, witnesses disappear, and the settlement process takes time. Have your case assessed as soon as possible.
No. Do not sign a claim form you do not agree with and do not admit guilt. Document the situation with photos and witnesses, and have the question of fault assessed by a personal injury lawyer.
Injury caused by someone else?
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