Traffic accident

What is personal injury after a traffic accident?

Have you been involved in a traffic accident for which someone else was at fault? Then you are likely entitled to compensation. Personal injury is any damage you suffer as a result of being physically or psychologically injured. We know how overwhelming such a moment is: the pain, the recovery, the worries about your work and your income. But know one thing: you are stronger than you think.

Legal experts distinguish between two types of damage. Material damage is all damage that can be expressed in monetary terms: your deductible with your health insurer, lost income, a broken bicycle, travel expenses to the hospital, and the help you need at home. Non-material damage concerns suffering that cannot simply be captured in euros: pain, grief, lost enjoyment of life, and the loss of things you used to take for granted. There is a separate compensation for this suffering: pain and suffering compensation.

The most important thing you need to know: engaging a personal injury expert generally costs you nothing. When another party is liable, their insurer pays not only your damages but also the costs of your legal representative. This is regulated by law in Article 6:96 of the Dutch Civil Code. Therefore, you do not have to choose between your recovery and your money: you can have both.

Tell your story Free consultation

Common traffic accidents

Each type of traffic accident has its own legal rules. Below, we review the most common situations so you know where you stand.

Car accident and rear-end collision

In a collision between two cars, the question of fault is assessed on the basis of tort (Article 6:162 of the Dutch Civil Code): who committed a traffic error? In a rear-end collision, the driver of the rear vehicle is generally liable because they did not maintain sufficient distance or did not brake in time. If you were the driver of the front car, you are in a strong legal position. Read more about a car accident.

Collision with a truck

A collision with a truck often results in serious injury due to the enormous weight difference. Here too, the question of fault follows the law of tort, but consider specific risks such as the blind spot when turning traffic. Particularly in cases of severe injury, an accurate calculation of damages is crucial, as the consequences can be long-lasting.

Motorcycle accident

As a motorcyclist, you are particularly vulnerable in traffic. In the event of a collision with a car or truck, the standard rules regarding liability between motor vehicles apply (Article 6:162 of the Dutch Civil Code). Unfortunately, motorcyclists are often wrongly blamed; a good reconstruction of the accident is therefore invaluable. Read more about motorcycle accidents.

Scooter and moped accident

A scooter or moped is a motor vehicle. If you collide with a car as a scooter rider, the question of fault applies under Article 6:162 of the Dutch Civil Code. However, if you are riding as a cyclist or pedestrian and are struck by a scooter, you enjoy the protection of Article 185 of the Dutch Road Traffic Act. Read more about a scooter accident.

Bicycle accident

As a cyclist, you are a vulnerable road user and are therefore afforded extra protection. If you are hit by a car, motorcycle, or scooter, the driver of that vehicle is in principle liable under Article 185 of the Road Traffic Act (WVW). Even if you made a mistake yourself, you will usually receive at least 50% of your damages reimbursed (the 50% rule). Read more about a bicycle accident.

Pedestrian hit

Pedestrians enjoy the same strong protection as cyclists. If you are struck by a motor vehicle as a pedestrian, the driver is almost always liable under Article 185 of the Road Traffic Act, unless there is a case of force majeure. However, force majeure rarely succeeds. Read more if you have been hit as a pedestrian.

Hit-and-run driver or uninsured perpetrator

Did the perpetrator drive away, is unknown, or is the driver uninsured? Then you are not left empty-handed. The Motor Vehicle Guarantee Fund can compensate you for your damages. However, a condition is that you file a report with the police and demonstrate that a motor vehicle caused the damage. Read more about a hit-and-run driver or an uninsured perpetrator.

Collision with a child

The most extensive protection applies to children. If a child under the age of 14 is struck by a motor vehicle, the driver is in principle 100% liable, unless there is intent or recklessness bordering on intent on the part of the child (the 100% rule). Read more if your child has been hit.

Occupant or passenger

Were you a passenger in the car and did you get injured? As a passenger, you are never at fault for the accident. You can claim compensation from the liable party. In addition, many car insurance policies offer Passenger Injury Insurance (SVI), which covers the damage to passengers, even if the driver of your own car was at fault.

Am I eligible for compensation?

Whether you are entitled to reimbursement depends on three conditions. Don't worry if you are unsure: we always assess it for you during a free introductory meeting.

• Another party is (partially) liable. Someone else made a mistake or is responsible for your damage under the law.
• You have suffered injury or damage. There is physical or psychological injury and resulting damage.
• There is a causal link. Your damage is a consequence of the accident and not of something else.

Important: even if you partly at fault , you are often still entitled to (partial) compensation. Especially as a cyclist, pedestrian, or child, the law provides strong protection through the 50% and 100% rules. So never write yourself off too quickly.

What damages can you claim after a traffic accident?

The damage after a traffic accident is almost always greater than people initially think. Many victims forget items that can be reimbursed. These are the most important:

• Medical expenses and deductible — hospital, physiotherapy, medicines and your used deductible.
• Loss of earning capacity and income — lost income if you are (temporarily) unable to work or can work less, now and in the future.
• Domestic help — the help you need for the work you are temporarily unable to do yourself.
• Loss of self-employment — chores in and around the house that you previously did yourself, such as garden maintenance and minor repairs.
• Travel and adaptation costs — travel expenses to doctors and therapy, and adaptations to your home or car.
• Study delay — if you incur a study delay due to the accident.
• Statutory interest — for the period you had to wait for your compensation.
• Pain and suffering compensation — compensation for pain, grief, and loss of enjoyment of life.
• Future damage — damage that only manifests itself later, such as permanent disabilities or pension loss.

Do you want a complete picture? Then see how you can calculate your personal injury damages or read more about full compensation.

Tell your story Free consultation

How much compensation do you receive after a traffic accident?

Pain and suffering compensation is the reimbursement for your non-material damage: the suffering, the pain, and the loss of enjoyment of life. The amount depends on the nature and severity of your injury, the duration of your recovery, your age, and the lasting consequences. Judges and legal experts use the ANWB Pain and Suffering Guide, which collects rulings on similar cases.

By way of indication, the categories from the Pain and Suffering Guide provide approximately the following picture. Please note that these are only guideline amounts and that every case is unique:

• Minor injury (for example, light bruises, a fast-healing whiplash) — indicative, a few hundred to approximately €1,500.
• Minor injury (bone fracture that heals well, limited residual symptoms) — indicative approx. €1,500 to €5,000.
• Moderate injury (longer recovery, permanent minor limitations) — indicative approx. €5,000 to €15,000.
• Serious injury (significant loss of function, long-term rehabilitation) — indicative approx. €15,000 to €50,000.
• Serious injury (severe permanent disability) — indicative approx. €50,000 to €100,000.
• Exceptionally severe injury (very severe brain injury, spinal cord injury, amputations) — indicative above €100,000, more in the most severe cases.

Don't get pinned down by a quickly quoted amount from the opposing party. Solid substantiation often makes a big difference. Read more about compensation for pain and suffering or make an initial estimate via calculate personal injury.

Do I need a personal injury expert or a lawyer?

You always have the right to choose your own representative. You are not obliged to engage the insurer's expert, nor do you have to limit yourself to your legal assistance insurance. That free choice is your right.

The good news: in the vast majority of cases, a lawyer is not necessary at all. Approximately 98% of all personal injury cases are settled out of court, through negotiations with the insurer. A specialized personal injury expert is perfectly equipped for this.

And as mentioned: it costs you nothing. Because the opposing party is liable, their insurer also pays the reasonable costs of your legal assistance pursuant to Article 6:96 of the Dutch Civil Code. So you pay nothing out of your own pocket.

Why is having your own expert often better than just your legal expenses insurance? A legal expenses insurer handles all kinds of cases and does not always have the same in-depth specialization in personal injury. An independent personal injury expert stands exclusively on your side and has only one interest: getting the maximum out of it for you.

What are the benefits and how long does a case take?

To be fair: how much you receive and how long it takes depends heavily on your personal situation. The most important factor is your medical recovery. A case can only be definitively settled once it is clear whether your symptoms are permanent or not. In the case of minor injury, this can be completed within a few months to a year; in the case of serious or permanent injury, a careful settlement can take several years.

That does not mean you have to wait for your money all that time. As soon as liability is acknowledged, we can ask the insurer for advances. This way, you receive funds in the interim to cover your immediate costs and loss of income, while the case continues.

Finally, take the limitation periods. A claim for compensation generally lapses after 5 years. A direct claim against the opposing party's WAM insurer lapses after just 3 years (Article 10 WAM). Furthermore, an absolute time limit of 20 years applies after the event. Therefore, do not wait too long to seek assistance.

We believe in realistic expectations and direct communication. We tell you in advance what is realistic, keep you informed throughout the entire process, and ensure that you can focus on what really matters: your recovery. You are not alone.