Holding someone liable after an accident

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Last updated: 29-06-2026

When you consider holding someone liable after an accident under Dutch law, you formally hold the person who caused it responsible. You demand that the opposing party compensates your material and non-material damage. The law states that the person who makes a mistake must pay for the resulting damage. After all, it is logical that the liable party fully compensates your personal injury.

It is wise to seek legal help in the first place. Our firm takes this complex process completely out of your hands. We hold the opposing party responsible, calculate your damages, and negotiate with the insurance company. The party who made the mistake must ultimately compensate your damages. This prevents financial problems after an accident, such as losing money due to missed income.

Do you want to know exactly where you stand right away? Take the free Quickscan. Within 5 minutes you will know if you have a case. You will immediately receive an indication of your compensation. You can also reach our firm via the contact form. This personal injury assistance is completely free of charge for you. Under art. 6:96 lid 2 of the Dutch Civil Code (BW), the liable opposing party pays our personal injury costs. Your case will be handled personally by mr. Patrick Nobel. Do not wait too long, as evidence can disappear. Strict limitation periods also apply in many cases.

When can you hold the opposing party liable for personal injury compensation?

When you hold someone responsible, there must be a tortious act. The basis for this lies in art. 6:162 BW. This statutory article stipulates that the perpetrator is obliged to compensate the damage suffered. This applies, for example, when someone makes a traffic error and causes an accident. You are then entitled to personal injury compensation.

In addition, art. 6:163 BW is important. This article sets the requirement of relativity. This means that there is no obligation to pay compensation if the violated standard does not protect you. The standard must be intended against the specific damage you have suffered. Our personal injury lawyers always carefully assess whether all legal requirements have been met.

How does holding the opposing party liable and claiming personal injury work?

The process begins with a formal, written letter. In this notice of liability, we state the facts of the accident. We also indicate why the opposing party is legally responsible. We hold the opposing party in default for all current and future personal injury damages. It is crucial that this is done legally correctly. This is how we secure your rights when you want to claim personal injury.

Step-by-step plan: Holding the opposing party liable yourself

Do you want to take the first step yourself? Then follow this concrete step-by-step plan:
1. Collect evidence: Take photos of the situation, note down contact details of witnesses and (in the event of a traffic accident) fill in the claim form.
2. Determine the liable party: Is this the driver, the employer, or the road authority?
3. Send a registered letter: Use a clear sample letter for this (see below) and preferably send it by registered mail.
4. Call in help in time: As soon as the opposing party responds (or refuses to respond), it is wise to engage our firm for the further legal process.

Sample letter of liability

You can use the following text as a basis for your letter:

Subject: Notice of liability for accident dated [date of accident]

Sincerely, [Your name and signature]

An important part of this process is preventing the statute of limitations from expiring. According to art. 3:310 BW, a legal claim for compensation generally expires after five years. This period starts on the day after you become aware of the damage and the perpetrator. To retain your right to compensation, we must interrupt the limitation period. Art. 3:316 BW stipulates that the limitation period is interrupted by instituting a claim. We ensure that your claim is interrupted correctly and on time.

Who pays your personal injury lawyer?

Many victims wonder who pays the personal injury lawyer. Usually, this is the liable perpetrator or their insurance company: the law stipulates that reasonable lawyer’s fees are part of your damages. As an LSA firm, we are happy to help you recover your personal injury damages. You will always receive clear advice from us in advance, so you know that our help costs you nothing.

What did the legislator intend?

The legislator deliberately set up the interruption of the limitation period broadly, so that a victim can easily secure their rights.

“In the amended draft, paragraph 1 no longer requires the demand to hold the debtor in default. (…) to determine here as well that only a written demand has an interrupting effect. (…) The assumption expressed in the preliminary report that instituting a claim for compliance with an obligation can also count as a demand within the meaning of this article is therefore correct.”

— Parliamentary Papers II 1970-1971, 3770, no. 5 (MvA Book 3)

“The original paragraph 1 only recognized interruption by a written demand. (…) Therefore, the possibility has been added to interrupt the limitation period by a written notification in which the creditor unequivocally reserves their right to compliance.”

— Parliamentary Papers II 1981-1982, 17541, no. 3 (MvT)

This second variant was added during the parliamentary debate and has applied since the introduction of the new Burgerlijk Wetboek on January 1, 1992. What “unequivocal” exactly means was subsequently defined by the Hoge Raad (Dutch Supreme Court) (see the case law below): the notification must contain a sufficiently clear warning to the debtor.

What does the judge say about liability and the statute of limitations?

The Hoge Raad has formulated important rules regarding holding someone liable and interrupting the limitation period. This case law is essential for a successful personal injury case.

In the ruling ECLI:NL:HR:2006:AZ0418, the Hoge Raad ruled on interruption by a written notification. The judge determined that this notification must contain a sufficiently clear warning. The insurance company must understand that the claim can still be enforced. A notice of liability must therefore be formulated very carefully.

This was further clarified in ECLI:NL:HR:2015:2741. The Hoge Raad ruled that when determining whether a written notification interrupts the limitation period, the exact wording and context are decisive. The victim must give a sufficiently clear warning that they retain their right to compensation.

In addition, ECLI:NL:HR:2005:AT6833 is important in the event of a traffic accident. The Hoge Raad ruled on November 4, 2005, that an ongoing correspondence between the injured party and the WAM insurer qualifies as ‘negotiations’ within the meaning of art. 10 paragraph 5 WAM. These negotiations interrupt the limitation period of the claim. As long as we are in discussion on your behalf, the limitation period will therefore not expire.

Sometimes the damage is greater than the coverage. In ECLI:NL:HR:2008:BD1842, the Hoge Raad ruled on this. An act of interruption towards the insurance company also extends to the insured person themselves by law. This therefore also applies to the part of the damage claim that exceeds the WAM coverage.

In the case of a workplace accident, ECLI:NL:HR:2018:108 plays a role. The Hoge Raad determined that acknowledgment and advance payment interrupt the limitation period. This applies to the employee’s entire claim for damages. This offers extra security for the victim.

Finally, the Hoge Raad ruled in ECLI:NL:HR:2022:616 on the direct action. If the specific independent right to compensation against the WAM insurer has expired, you are not left empty-handed. In that case, the injured party can still fall back on the general direct action of art. 7:954 BW to enforce payment after all.

Traffic accident or collision: Addressing the insurance company directly

In the event of a traffic accident involving a motor vehicle, we often do not have to address the driver directly. Under art. 6 WAM, you have an independent right to compensation. This is called the ‘direct action’. We can address the opposing party’s insurance company directly. This significantly speeds up the process of getting your damages compensated. This is especially important for a vulnerable cyclist or pedestrian.

Perpetrator unknown? The Waarborgfonds Motorverkeer

Sometimes the perpetrator has driven off after a collision and remained unknown. Or the motor vehicle was uninsured. In that case, you can claim the damages from the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund). The guarantee fund then acts in place of the insurance company. Strict conditions do apply. You must file a police report in time and prove that a motor vehicle caused the damage. Our firm will help you with this.

What personal injury compensation can you claim after an accident?

If we successfully hold the opposing party responsible, you can claim personal injury compensation. Many victims only think of medical costs or pain and suffering compensation (smartengeld). However, a specialized personal injury lawyer maps out all items of damage, depending on the severity of the injury. Below you will find an overview of items you can claim.

Have you sustained an injury and want to know what you can claim? Take the free Quickscan immediately. Within 5 minutes you will know if you have a case. You can also reach our firm directly via the contact form. Your case will be handled personally by mr. Patrick Nobel. Our help is completely free of charge for you. The liable opposing party bears our costs under art. 6:96 BW.

Why a personal injury lawyer makes the difference in liability

Holding an opposing party liable is a complex legal process. Insurance companies employ experienced lawyers. They try to keep the compensation as low as possible. By engaging our firm, you create a level playing field. We handle your case personally. Mr. Patrick Nobel is your permanent point of contact. We collect medical evidence and conduct tough negotiations. You run absolutely no financial risk.

Frequently asked questions about liability and personal injury

How long do I have to hold someone liable?

As a rule, a limitation period of five years applies. This starts after you become aware of the damage and the liable party. For traffic accidents, a period of three years can sometimes apply for the direct action. It is important to take action as soon as possible.

How much does it cost to engage your firm?

For you as a victim, our legal assistance is completely free of charge. The law (art. 6:96 lid 2 BW) stipulates that the liable opposing party must pay our costs.

Can I address the insurer directly?

Yes, this is possible in the event of a traffic accident involving a motor vehicle. You can address the company directly under the WAM. You then do not have to approach the driver personally.

What if the perpetrator drove off after the collision?

If the perpetrator is unknown or turns out to be uninsured, we will help you. We can submit a claim on your behalf to the Waarborgfonds Motorverkeer. For this, you must file a report with the police within 14 days.

Do I have to collect evidence for the notice of liability myself?

It helps enormously if you take photos immediately after the accident. Also write down the details of witnesses. Our firm will then help you request the police report and medical information.

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