Hold someone liable

What does it mean to hold someone liable?

Holding someone liable means formally holding another person responsible for the damage you have sustained. In the case of personal injury, it concerns the consequences of an accident for which another person is — legally speaking — at fault or responsible: the driver who hit you, your employer who failed to provide a safe workplace, or the owner of a defective staircase over which you fell.

The core is simple: if someone else has acted unlawfully or breached an obligation, and you have suffered damage as a result, you can recover that damage from that person. You make this officially known by filing a notice of liability. You send the opposing party — or usually their insurer — a letter stating that they are liable and holding them accountable for the reimbursement of your damages.

Holding someone liable is therefore not the same as a lawsuit. It is the first, formal step. In the vast majority of personal injury cases, this is not followed by court proceedings, but by negotiations with the insurer regarding the amount of damages. Only if the parties cannot reach an agreement together does going to court potentially come into play. Fortunately, that is the exception, not the rule.

Important to know: in the event of a traffic accident, you do not have to approach the other party directly. Under the Motor Vehicle Liability Insurance Act (WAM), you can approach the other party's WAM insurer directly. Therefore, you do not have a complicated relationship with the person who caused the accident—you turn to their insurer. This is an important protection: it means you do not run the risk that the other party personally does not have the money to pay your damages, because the insurer guarantees it.

Many people immediately think of conflict or a legal battle when it comes to holding someone liable. In practice, however, it is primarily a business process. You have suffered damage, someone else is responsible for it, and the law grants you the right to recover that damage. The tone does not have to be hostile—it should, however, be clear and well-substantiated. The more carefully the liability claim is structured, the more likely an insurer is to cooperate rather than stall. In the case of a traffic accident, the circumstances are often clear, but even then, it pays to have your position professionally substantiated.

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When is another party liable?

Not every accident automatically leads to liability. There must be a legal basis. Dutch law recognizes various forms, and which one applies depends on the situation.

Unlawful act

The most common ground is unlawful act. A person acts unlawfully if they have acted contrary to the law or to what is proper in social conduct, and this is attributable to them. Think of the motorist who runs a red light and hits you, or the cyclist who fails to yield.

Employer liability

If you sustain an injury at work, your employer has an extensive duty of care. He must ensure a safe working environment, proper equipment, and good instructions. If he falls short in this regard, he is, in principle, liable for the consequences of a workplace accident. The burden of proof in this regard lies largely with the employer: he must demonstrate that he has fulfilled his duty of care.

Strict liability

Sometimes you are liable without needing to be at fault. This is called strict liability. Examples include the owner of a defective building or structure, the owner of an animal that causes damage, or the parent of a young child. In such cases, the law places responsibility on a specific person, regardless of whether that person is at fault.

It is my own fault

It is possible that you yourself played a part in causing the accident or the damage. The law refers to this as contributory negligence (Article 6:101 of the Dutch Civil Code). The compensation is then divided according to the extent to which each party's conduct contributed. Please note: contributory negligence rarely means that you receive nothing at all. Furthermore, additional protective rules apply to vulnerable road users, such as cyclists and pedestrians. Always seek proper advice on this matter before agreeing to a reduction in your damages.

Establishing liability — how do you handle that?

The process of holding the other party liable begins with a letter: the notice of liability letter. In it, you formally hold the opposing party (or their insurer) liable for the consequences of the accident. Although it is just a letter, the content requires careful attention. A well-drafted notice of liability lays the foundation for your entire case.

The letter should include at least the following elements:

• Who you hold liable — the name and details of the person responsible, or in the case of a traffic accident, their compulsory motor vehicle liability insurer directly.
• What happened — a factual, clear description of the accident: date, place, circumstances.
• Why the other party is liable — the legal basis, for example, violating a traffic rule or a duty of care.
• That you hold him liable for all damages — both material (costs, loss of income) and non-material damages (pain and suffering), already suffered and yet to be suffered.

In the event of a traffic accident, it is advisable to fill out a claim form (the European Accident Report form) together with the other party at the scene of the accident. This document is often of great value later on, as it records the circumstances while memories are still fresh. Never sign the form if you do not agree with the description of the circumstances.

Once the insurer has received the liability claim, it takes a position: it acknowledges liability, rejects it, or requests further information. If the insurer acknowledges liability, the claims settlement process can begin. If it rejects it, further investigation and substantiation are required. It is precisely during this phase that expert assistance is invaluable — see our working method for how we handle this.

Bear in mind that an insurer represents the interests of its insured, not yours. It is therefore not uncommon for liability to be initially rejected or for the amount of damages to be underestimated. Do not let this discourage you. With a well-substantiated response, additional evidence, and knowledge of case law, an acknowledgment and fair compensation can still be achieved in many cases. Never sign or accept a proposal without knowing exactly what your rights are — once a settlement is reached, it is usually final.

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What proof do you need?

Anyone seeking to recover damages must be able to substantiate those damages and the liability. In principle, the burden of proof lies with you as the victim: you must make it plausible that the other party is liable and that you have suffered damage. Proper documentation is therefore crucial — and the sooner you start, the stronger your position.

Collect and save as much of the following as possible:

• Evidence of the circumstances — the completed claim form, any police report, photographs of the situation and the damage, and witness details.
• Medical evidence — reports from the GP, the hospital, the physiotherapist, or other practitioners. Always see a doctor after an accident, even if the injury is minor; this establishes a link between the accident and your symptoms.
• Proof of your damages — receipts and invoices for expenses incurred, an overview of lost income, travel expenses to treatments, and costs for domestic help or adaptations.

Make things easy for yourself by keeping everything in one place and making a brief note of how you feel and what you can no longer do. That may sound insignificant, but such notes will be a huge help later on in substantiating, for example, compensation for pain and suffering and loss of quality of life. Are you worried about whether you have enough evidence? Feel free to discuss it with us — often more is possible than you think.

Pay attention to the deadlines — do not wait too long

There are time limits associated with claiming personal injury damages. If you wait too long, your claim may become time-barred, leaving you empty-handed. That would be a terrible shame, while it is so easy to prevent.

The general limitation period for recovering damages is five years (Art. 3:310 BW). This period begins to run from the moment you become aware of both the damage and the liable party. For traffic accidents where you sue the WAM insurer directly, a shorter period of three years applies. This distinction is often overlooked, with unpleasant consequences.

The good news: you can interrupt the statute of limitations in time, causing a new period to start. However, action is required within the applicable period. Are you unsure whether your period is still running, or do you not know exactly when it started? Then contact us sooner rather than later. You can read more about the statute of limitations and time limits on our frequently asked questions . Even if the accident happened some time ago, it pays to have your situation assessed — there is often still room to recover your damages.

We hold the opposing party liable for you

Holding someone liable requires legal knowledge, experience with insurers, and a keen eye for the details that make or break your case. That is exactly what we bring to the table. We hold the opposing party liable on your behalf, conduct negotiations with the insurer, and ensure you receive what you are entitled to — nothing less.

We always start with a no-obligation consultation in which we listen to your story and assess your situation from a legal perspective. Only when it is clear that there is something to recover do we hold the opposing party liable. Subsequently, we monitor deadlines, gather evidence together with you, substantiate your damages in detail, and keep the insurer on their toes until a suitable outcome is reached. You are involved in every important step, but you do not have to bear the work and worries yourself.

What you can expect from us:

• 100% free of charge for you. The liable insurer pays our reasonable costs pursuant to Art. 6:96 of the Dutch Civil Code. You will never receive a bill and keep 100% of your compensation.
• Your own dedicated contact person. No call center and no changing faces, but one lawyer who knows your case.
• Throughout the Netherlands, including at your home. It is no problem for us to come by, especially if traveling is difficult due to your injury.
• Affiliated with the right quality marks. We are affiliated with the NIVRE, the National Quality Mark for Personal Injury (NKL), and De Letselschade Raad — your guarantee of expert, careful assistance.

You don't have to figure everything out first or write the right letter yourself. One phone call is enough to find out where you stand. We will call you back personally the same working day, listen to your story, and tell you honestly what we can do for you — or if it will yield any results. Whether you had that accident in traffic, at work, or somewhere else: contact us and take the first step today. You are stronger than you think.