Hit-and-run driver or uninsured perpetrator

What is going on with a hit-and-run driver or an uninsured perpetrator?

Sometimes the unthinkable happens: you are hit, but the person who caused the accident does not stop and drives away. Or you know who it was, but the vehicle turns out to be uninsured. In both cases, there is no insurer of the other party you can hold liable for your damages. The same applies if the damage was caused by a stolen vehicle or by a vehicle that can no longer be traced after the collision.

Fortunately, you are not left empty-handed. The Motor Vehicle Guarantee Fund (Waarborgfonds Motorverkeer) was established in the Netherlands for precisely these situations. This fund acts as a safety net and can compensate your damages when there is no accessible insurer. Do you want to know if your situation qualifies? Have your traffic accident assessed without obligation.

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Who is liable: the Motor Vehicle Guarantee Fund

The Motor Vehicle Guarantee Fund compensates for damage you have suffered caused by a motor vehicle in a number of fixed situations. The most important are: the perpetrator is unknown (a hit-and-run), the vehicle was uninsured, the vehicle was stolen, or the perpetrator's insurer is bankrupt. Damage caused by unidentified cargo or a vehicle sliding off the road may also fall under the fund.

Important to know: the Guarantee Fund assesses your case as if it were the opposing party's insurer. This means that you still have to prove that the other party was liable. For example, if you were a cyclist or pedestrian hit, you also benefit from the protection of Article 185 of the Road Traffic Act against the Guarantee Fund.

The conditions you need to pay attention to

There are a few important conditions attached to a claim with the Guarantee Fund. It is wise to know these immediately so that you do not unintentionally miss out on your right to compensation.

• Always file a report with the police: especially in the case of a hit-and-run, an official report or notification to the police is almost always required. You must be able to demonstrate that you made a serious attempt to track down the perpetrator.
• Make it plausible that a motor vehicle was involved: the Guarantee Fund compensates for damage caused by a motor vehicle (car, motorcycle, scooter, truck). You must therefore make it plausible that a motor vehicle caused the damage.
• Make sufficient effort to find the perpetrator: in the case of a hit-and-run, the fund expects that you have made reasonable attempts, such as noting down (part of) the license plate number, searching for witnesses, or camera footage.
• Take into account a deductible for property damage: for purely material damage caused by an unknown perpetrator, a deductible often applies. This deductible does not apply to personal injury.

The Guarantee Fund is also the right place to go if you are hit by a foreign vehicle whose insurance cannot be traced, or if it involves an uninsured foreign license plate. For insured foreign vehicles, the handling is often done through the Dutch Motor Vehicle Insurers' Bureau, but we will help you with that as well.

What if the perpetrator is found later after all?

Sometimes a hit-and-run driver is apprehended later, for example thanks to camera footage or a witness who noted down the license plate. In that case, your claim shifts from the Guarantee Fund to the perpetrator's insurer, and you are entitled to full compensation for damages without the deductible that applies to property damage caused by unknown perpetrators. It therefore always pays to record all possible leads, even if you initially think the perpetrator will never be found.

The Guarantee Fund is, incidentally, a genuine safety net, not a voluntary gift. Where possible, the fund recovers the paid-out damages from the liable party. For you as a victim, that makes no difference: you receive your compensation, and the fund handles the rest in the background.

What damages and compensation for pain and suffering can you claim?

Through the Guarantee Fund, too, you are entitled to compensation for your full damages, just as with a regular liability insurer. We distinguish between two types of damage.

Material damage includes everything that can be expressed in monetary terms:

• Loss of income: if you are (partially) unable to work due to your injury.
• Medical costs: deductible, physiotherapy, medicines and rehabilitation.
• Travel expenses: trips to the hospital, the physiotherapist, or the specialist.
• Domestic help and informal care: help that family and friends provide for free also counts.
• Damage to your vehicle and belongings.
• Loss of self-sufficiency: chores you can no longer do yourself.

In addition, there is non-material damage: compensation for pain and suffering, an allowance for the pain, grief, and loss of enjoyment of life. Would you like a first impression? Then use our personal injury calculation tool. You can find a complete overview on the compensation, and read more about compensation for your suffering under pain and suffering.

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What should you do after a hit-and-run?

The first steps are crucial, especially in the case of a hit-and-run or an uninsured perpetrator, because you must secure the evidence for the Guarantee Fund.

• File a report with the police immediately: this is almost always a condition for a claim with the Guarantee Fund.
• Note down everything you know about the perpetrator: (part of the) license plate, color, make, model, and direction of travel.
• Look for witnesses and camera footage: ask bystanders and local residents, and keep an eye on nearby security cameras.
• Take care of your health: have your injury medically documented.
• Take photos: of the situation, your injuries, and the damage.
• Keep all receipts: keep records of expenses such as travel, medication, and assistance.
• Engage a personal injury expert quickly: the sooner we get involved, the greater the chance we can still track down the perpetrator or gather the evidence.

Do I need an expert or a lawyer?

The most important thing you need to know: professional assistance with a claim against a hit-and-run driver or an uninsured perpetrator costs you nothing. Pursuant to Article 6:96 of the Dutch Civil Code, the reasonable costs of legal assistance are covered by your damages and, in the event of a justified claim, are reimbursed by the Guarantee Fund or the liable party. Therefore, you never have to reach into your own wallet.

Why is seeking help still advisable? Because a claim with the Guarantee Fund is subject to strict conditions and deadlines, and the fund, just like an insurer, conducts a critical assessment. An experienced personal injury expert knows what evidence is required, how to demonstrate that a motor vehicle caused the damage, and how to submit the claim correctly.

Many people are too quick to assume that there is nothing to be gained after a hit-and-run or an uninsured perpetrator and give up. This is often unjustified. Precisely because the Guarantee Fund exists, you do indeed have a strong chance of receiving compensation for your personal injury in these situations. It is simply a matter of ensuring the claim is well-substantiated and submitted on time. So, do not be discouraged by the absence of a standard insurer.

Also pay attention to the statute of limitations. A claim against the Guarantee Fund generally expires after five years, but do not wait that long: evidence such as camera footage and witnesses disappears quickly. We are ready to assist you with a no-obligation consultation and will honestly tell you what you are entitled to.