Lawyer & Liability in a Traffic Accident (Netherlands)

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Have you sustained an injury and been involved in a traffic accident in the Netherlands? Then your world is suddenly turned upside down. In addition to the impact of physical injuries and emotional complaints, complex legal questions arise under Dutch law, specifically the Dutch Civil Code (BW). There are various types of traffic accidents, but good legal advice is indispensable in every situation.

Determining liability is the first and most crucial step. Without a formal acknowledgment of liability, the opposing party’s insurer will not pay out your personal injury claim.

Our firm takes this legal process completely off your hands. We offer professional personal injury assistance. We hold the opposing party liable and gather the necessary evidence. We also conduct tough discussions with the insurer. As a result, you do not have to deal with legal wrangling. You can focus entirely on your medical recovery.

Do you want immediate information about your situation and to know where you stand after a collision? Then do the free Quickscan. Within 5 minutes you will know if you have a case. You will also immediately receive an indication of the compensation amount.

You can also contact our firm via our contact form. Your case will be handled personally by mr. Patrick Nobel. In the event of acknowledged liability, our legal assistance costs you absolutely nothing. The law stipulates that the opposing party must reimburse our costs. Do not wait too long to seek advice. Evidence such as witness statements can quickly be lost.

Step-by-step plan: what to do immediately after a traffic accident?

To secure your right to compensation, it is important that you take the right steps immediately after the accident. Follow this step-by-step plan:

1. Bring yourself to safety and call emergency services: Ensure a safe situation. In the event of injury, always immediately call the police and, if necessary, an ambulance. A police report is crucial evidence. 2. Gather evidence immediately: Take pictures of the situation, the damage to the vehicles, skid marks, and your own injury. Do this before vehicles are moved. 3. Note down witness details: Immediately ask bystanders who saw the accident happen for their name and phone number. 4. Fill in the claim form: Complete the European claim form together with the opposing party and both sign it. Never directly admit fault here. 5. Visit a doctor: Go to your general practitioner or the emergency room as soon as possible, even with minor complaints. This establishes the medical link between the accident and your injury.

What does this mean in concrete terms when engaging a personal injury lawyer?

In a traffic accident, you as a victim often face a large insurer. This insurer employs experienced lawyers and claims adjusters. Their goal is often to keep the personal injury compensation as low as possible.

By immediately engaging a specialized lawyer, you create a level playing field. This is also referred to as ‘equality of arms’.

Our lawyers ensure that liability in a personal injury traffic accident is established in a legally watertight manner. In practice, this means we take the following steps:

• Secure and analyze evidence: We carefully assess the completed claim form. In addition, we hear any witnesses and request the police report.
• The formal notice of liability: We draft a legally substantiated letter. In this, we hold the opposing party formally liable for the traffic accident and all damages.
• Conduct discussion about the circumstances: Sometimes the opposing party denies fault or establishes ‘contributory negligence’. We refute these defenses with factual evidence.
• Arrange advances: As soon as liability is acknowledged, we immediately demand an advance payment. This prevents acute financial problems due to your injury.

What is liability in a personal injury traffic accident?

Liability means that someone is legally responsible for the consequences of an event. This person is therefore obliged to compensate the resulting damage. This creates your right to compensation.

In traffic, the main rule is quite clear. The person who makes a traffic error commits a tort. This person must compensate the victim’s damage.

Think of a driver who fails to give way or runs a red light. Keeping insufficient distance in a rear-end collision also falls under this. Once it is established that the other party violated a traffic rule, the foundation for your claim is laid.

What does the law say about liability and legal costs?

Dutch law offers specific protection for victims of a traffic accident. As a law firm, we make daily use of these statutory provisions:

• Tort (art. 6:162 BW): This is the foundation of liability law. He who commits a tort against another must fully compensate the damage.
• Protection of non-motorized persons (art. 185 WVW 1994): In an accident between a motor vehicle and cyclists or pedestrians, the owner is in principle liable for at least 50% of the damage. For children under 14 years of age, this is 100%. Force majeure is rarely assumed.
• Direct right of action (art. 6 WAM): As an injured party, you have your own right to compensation against the liable insurer. We do not have to take the person who caused the accident to court personally.
• Reimbursement of legal costs (art. 6:96 BW): The legislator has determined that reasonable costs for legal aid are seen as property damage. In short: the liable party pays our bill.

What did the legislator intend?

When structuring traffic liability law, the protection of the victim was paramount. A victim does not have to litigate unnecessarily to obtain their rights. The Minister of Justice emphasized the goal of covering the damage as well as possible.

The minister described this as follows:

“[…] provides insight, based on the report of the Traffic Liability Study Group, into the manner in which a system can be obtained for the protection of traffic victims that offers the most complete compensation possible, and in connection therewith, how the abolition or limitation of recourse can be regulated upon the introduction of Book 6.”

_Source: Parliamentary Papers II 1989-1990, 21 528, no. 1, p. 3. View the official PDF._

This desire for the “most complete compensation possible” is exactly why we go to the utmost.

Liability and the lawyer: what does the judge say?

The role of an advocate in the settlement of personal injury is crucial. A mistake by a legal professional can have major consequences for the victim. The Hoge Raad (Dutch Supreme Court) has ruled on the liability of the lawyer themselves.

• Hoge Raad, 22-02-2013, ECLI:NL:HR:2013:BY4124
• Case: An advocate had failed to timely interrupt the limitation period of a damage claim during the execution of a settlement agreement.
• Rule of law: Failing to timely interrupt the limitation period constitutes professional malpractice for which the advocate can be held liable, provided the client has timely fulfilled the duty to complain (art. 6:89 BW).
• Meaning for you: This ruling underlines the importance of an expert personal injury lawyer. Strict limitation periods apply to traffic accidents. Our firm proactively monitors these statutory deadlines, so that your right to compensation is never compromised.

What can you claim as traffic accident compensation?

When we successfully hold the opposing party liable, we calculate your damages. Many victims only think of direct medical costs or material damage to their vehicle. However, a traffic accident often has much broader, hidden financial consequences. We ensure that you are fully compensated for your damages and determine the exact amount.

Insurers rarely point out your right to compensation for loss of self-sufficiency on their own initiative. Our firm ensures that no damage item is overlooked.

Do you want to know exactly which damage items you are entitled to? Do the free Quickscan or contact us directly.

Why a personal injury lawyer makes the difference

At Nobel Advocatuur, you are not a file number. We handle your case ourselves. Your fixed point of contact is mr. Patrick Nobel, a specialized personal injury lawyer and member of the LSA. This quality mark guarantees the highest level of expertise.

We take over all communication with the insurer from you. The law stipulates that the costs for legal aid are part of your damages. Therefore, the opposing party pays our costs. For you, our help is thus completely free of charge.

Frequently asked questions

Who is liable in a rear-end collision?

In most cases, the rear vehicle is liable in a rear-end collision. The law states that you must always keep sufficient distance. We help you to have this liability established quickly.

What if I was hit by a car as a cyclist?

As a cyclist, you are a ‘vulnerable road user’. Under Article 185 WVW, the driver of the motor vehicle is in principle always liable for at least 50%. Even if you made a traffic error yourself. We claim your full damages directly from the insurer.

What if the perpetrator drove off or is unknown?

If the person who caused the accident drove off, you can often still get your damages compensated through the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund). This fund helps victims when the perpetrator is unknown or uninsured. In a single-vehicle accident, the fund generally does not pay out, unless you have SVI insurance.

Does engaging your firm really cost me no money?

No, it is free of charge for you. If the opposing party is liable, they are legally obliged to also reimburse your reasonable lawyer fees. We recover the personal injury costs directly from the opposing party’s insurer. You will not receive an invoice.

Can I address the opposing party’s insurer directly?

Yes. In a traffic accident with a motor vehicle, you have a direct right of action. This means that we can hold the insurer of the person who caused the accident directly liable. We therefore do not have to address the driver themselves first.

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