Recovering damages from the opposing party

Recovering your damages from the opposing party sounds complicated, and let's be honest: it can be. But the core is simple. If someone else is at fault for your accident, that person must compensate you for your damages. On this page, we will calmly explain how that works, who you can claim damages from, what role the insurer plays, and what happens if the opposing party is uninsured or unknown. This way, you know exactly where you stand.

What does recovering your damages mean?

Recovering your damages means reclaiming the financial consequences of the accident from the person responsible. The law refers to this as liability. As soon as it is established that another party is liable for your injury, an obligation arises for that party to compensate you for your damages.

The basic principle in Dutch law is that you are restored as much as possible to the situation as if the accident had not occurred. That sounds good, and it really does mean that you can recover more than just your medical bills. Consider:

• Loss of income because you are (temporarily) unable to work or can work less;
• Medical expenses and costs for care, aids, and home adaptations;
• Travel expenses to the hospital, the physiotherapist, or other healthcare providers;
• Domestic help you need because you can no longer do it yourself;
• Pain and suffering compensation for your pain, grief, and lost joy of life.

Recovering your damages follows a fixed pattern: first, we hold the opposing party liable; this is followed by an acknowledgment of liability, often an advance payment, an assessment of your full damages, negotiation, and finally a settlement agreement in which everything is definitively settled. On our page about compensation, you can read more about which types of damages are eligible for compensation.

It is important to know that the costs you incur to recover your damages, such as the costs of a legal representative like ourselves, are also included in your damages. Pursuant to Article 6:96 of the Dutch Civil Code, the liable party must reimburse these reasonable costs. That is precisely why our assistance costs you absolutely nothing. You therefore do not have to put money on the table yourself to assert your rights, and at the end of the process, you retain 100% of your own compensation.

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From whom do you seek compensation for your damages?

You claim damages from the party liable for the accident. Who that is depends on exactly what happened. In practice, it usually involves one of the following situations.

In a traffic accident

If you have been hit by another motorist, that driver is in principle liable. Because every motorized road user is required to be insured under the Motor Vehicle Liability Insurance Act (WAM), you can contact the other party's liability insurer directly. Furthermore, additional protective rules apply to cyclists and pedestrians. You can read more about this on our page about traffic accidents.

In the event of a workplace accident

If you sustain an injury at work, your employer is usually liable. This is because an employer has an extensive duty of care regarding the safety of their staff. You then claim damages from your employer, or in practice, from their liability insurer. On our page about workplace accidents, we explain exactly how this works.

In other situations

Someone can also be held liable for a fall caused by a defective road surface, an accident involving a dog, or injury caused by a defective product: the road authority, the owner of the animal, or the manufacturer. In virtually all of these cases, the liable party has liability insurance, and that is good news for you.

Sometimes more than one party is liable, or it is initially unclear who is at fault. Do not worry about that: that is precisely our job. We determine who is responsible, gather the evidence, and focus our case on the right party. It may also happen that the accident was partly your fault. Even then, you can often still recover a significant portion of your damages. In that case, the law divides the damages according to the extent to which each party contributed to the accident (Article 6:101 of the Dutch Civil Code), whereby an equity adjustment can revise the final share in your favor, especially in cases of serious injury.

The role of the insurer

In most personal injury cases, you do not claim damages directly from the liable person themselves, but from their liability insurer. That insurer handles the claim and ultimately pays out the compensation. That is good, because it means that there is almost always money available to compensate you for your damages, even if the opposing party would never be able to do so themselves.

At the same time, it is good to realize that the insurer does not serve your interests, but those of their client and themselves. An insurer is a commercial organization that wants to pay out as little as possible. The claims handler on the other end of the line is a professional who does this every day. Opposite them stands you, often for the first time in your life, while you are still fully engaged in your recovery.

That inequality is precisely why it is wise to engage your own representative. We know the tactics, we know the value of your damages, and we will not settle for an insufficient amount. Because the liable insurer must reimburse our reasonable costs pursuant to Article 6:96 of the Dutch Civil Code, our assistance costs you absolutely nothing. You keep 100% of your compensation.

We are affiliated with the NIVRE, the National Quality Mark for Personal Injury (NKL), and De Letselschade Raad. These quality marks guarantee that we work according to strict quality and conduct rules, so you know that you are in good and reliable hands.

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Negotiating your compensation

As soon as liability is acknowledged, negotiations begin. This is arguably the most important phase, as it determines how much you will ultimately receive. Successful negotiation stands or falls with solid substantiation.

We carefully and completely map out all your damages. We collect evidence, engage medical advisors and occupational experts where necessary, and also calculate the damages you will suffer in the future, for example, if you are never able to work full-time again. Do not forget those future damages, because that is often where the largest part of the compensation lies.

In practice, an insurer will often try to underestimate your damages or propose a quick settlement for a lower amount. That sounds attractive if you are short on cash, but it can cost you a lot of money. We do not let ourselves be swayed by that. We substantiate every claim with facts and figures and persevere until a compensation is on the table that does justice to what has happened to you. Because we do this every day, we know the prevailing standards and know what is reasonable.

During the proceedings, we regularly request advance paymentsso that you do not have to live in financial uncertainty for years while the case is ongoing. An advance payment is a prepayment on your final compensation and provides you with financial breathing room when you need it most.

If we reach an agreement with the insurer, we will record the arrangements in a settlement agreement. This definitively closes your case. It is important that you never sign such an agreement without being certain that all damages, including future damages, have been properly accounted for. We ensure this for you. Should it come to a lawsuit in an exceptional case, we will engage a lawyer, as only a lawyer is permitted to litigate in court. However, in the vast majority of cases, we manage to reach an amicable settlement through mutual consultation.

What if the other party is uninsured or unknown?

Sometimes recovering your damages seems impossible: the driver who hit you drove away, or the other party turns out to be uninsured. Fortunately, even then, you are not left empty-handed.

The Motor Vehicle Guarantee Fund exists for traffic accidents . This fund can compensate you for damages in situations where you have nowhere else to turn, for example in the event of:

• an unknown perpetrator, such as a hit-and-run driver;
• an uninsured vehicle whose driver did not have compulsory motor vehicle liability insurance;
• a driver who was driving a stolen vehicle .

There are conditions attached to claiming from the Guarantee Fund. For example, in the case of a hit-and-run, you must be able to demonstrate that you have done everything possible to track down the perpetrator, such as filing a police report. We know exactly which steps you need to take and will arrange them for you.

There are sometimes possibilities outside of traffic as well, for example through your own accident or liability insurance. We always look at the best course of action for your situation together with you, so that you do not have to bear the cost of your own damages. Are you unsure whether your situation has a chance of success? Just let us know. We will assess your case free of charge and honestly, and tell you openly and clearly what the possibilities are. If you have any further questions, please also take a look at our frequently asked questions.

We recover your damages from A to Z

Recovering your damages is not a matter of sending a single letter. It is a process involving establishing liability, acknowledgment, advance payments, fully assessing your damages, negotiating, and ultimately reaching a settlement agreement. We handle this entire process from A to Z, so you can focus your energy on what truly matters: your recovery.

With us, you get your own dedicated contact person who calls you back the same working day and takes the time for you. We operate throughout the Netherlands and are happy to come to your home for a visit. And most importantly: our help is 100% free of charge for you. The liable party pays our costs, you keep 100% of your compensation, and you will never receive a bill from us.

Would you like to know how we work? Then take a look at our working method or ask us your question directly. Take the first step today and make an appointment. We will listen to your story and tell you, without obligation, what we can do for you. You are stronger than you think, and together we are even stronger.