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Have you sustained an injury in an accident through no fault of your own? Then you have the right to initiate the process of claiming personal injury damages under Dutch law in the Netherlands. This means that we hold the person who caused the accident legally liable for the personal injury. This way, you will receive full compensation for all your material damages and pain and suffering compensation (smartengeld).
At Nobel Advocatuur, we offer specialized help and advice regarding personal injury. Our firm takes this complex legal process completely out of your hands. Your case will be handled personally by mr. Patrick Nobel. He is a specialized personal injury lawyer and holds the LSA personal injury quality mark. We ensure that the liable party compensates your damages. In the meantime, you can focus entirely on your medical recovery in peace.
Do you want to know where you stand quickly? Take the free Quickscan or contact us directly via our contact form. Within 5 minutes, you will know if you have a case. You will also receive an indication of your compensation. For you, our legal assistance is completely free of charge. By law, the liable opposing party pays our costs.
When to claim personal injury damages from the opposing party?
To be able to claim damages, the opposing party must acknowledge liability for the accident. Liability means that the other person is legally responsible. It concerns the mistake that led to your injury. We hold the opposing party liable based on the specific situation. Claiming from the opposing party is a process that we carry out carefully for you.
In the event of a traffic collision, the situation is often clear. Especially when the other person has made a traffic error. Think of ignoring a red traffic light or failing to yield the right of way. In such cases, the driver of the other vehicle is the liable party.
Are you hit by a motor vehicle as a cyclist or pedestrian? Then you enjoy extra legal protection. Even if you made a traffic error, the motorized opposing party is often liable for at least 50%.
You can also claim your damages in the event of an accident within a company. The opposing party in this case is your employer. Employers have a strict duty of care for a safe working environment. Does the employer fail to meet this and do you get injured during your work? Then the employer is almost always the liable party. We will then hold the employer or their insurer liable. It is important that this is done properly.
What does the law say about claiming personal injury damages from the opposing party?
Claiming your personal injury damages is firmly anchored in Dutch legislation. Our firm bases the notice of liability on various statutory provisions. This depends on the nature of the accident.
Do you want to successfully claim personal injury damages? The basis for this lies in art. 6:162 BW of the Dutch Civil Code (BW). This article regulates the tort (unlawful act). It states: “A person who commits a tort against another, which can be attributed to him, must repair the damage that the other person suffers as a result thereof.” This is the foundation under almost every claim.
In traffic accidents, we frequently make use of art. 185 WVW 1994. This article stipulates that the owner of a motor vehicle is liable. This applies to damage caused to non-motorized road users, unless there is a case of force majeure.
In addition, it is important that the damage can actually be compensated. For this, art. 6 WAM offers a solution. This article gives the injured party their own right to compensation against the insurer. You therefore do not have to address the private perpetrator personally. We write directly to the insurer. A similar arrangement is found in art. 7:954 BW. This allows the injured party to demand that the insurer pays them directly.
What did the legislator intend?
When drafting the legislation, the legislator wanted to protect vulnerable victims. This is clearly evident from the parliamentary history. This applies in particular to the rules regarding traffic liability.
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In the Explanatory Memorandum to Section 8.14.1 of the Burgerlijk Wetboek, the following is stated: “This bill aims to introduce a new legal system of traffic liability, which provides protection for those traffic victims for whom the need for it is felt most strongly.” (Source: Kamerstukken II 1997-1998, 25 759, nr. 3, p. 2)
The legislator wanted to prevent non-motorized victims from being left with uncompensated damages. That is why strict liability for the possessor of the motor vehicle was introduced. Lighter degrees of contributory negligence therefore do not directly lead to a reduction in compensation.
Claiming personal injury damages from the opposing party: what does the judge say?
In addition to legislation, the case law of the Hoge Raad (Dutch Supreme Court) is crucial. It partly determines how damages must be claimed from the opposing party. Our lawyers use this jurisprudence daily to secure your rights.
- ECLI:NL:HR:1995:ZC1740 (Hoge Raad)
- Case: A collision between a motor vehicle and a 12-year-old child.
- Rule of law: In the event of a collision between a motor vehicle and a child under the age of 14, the driver is in principle fully (100%) liable for the damage, unless there is intent or recklessness bordering on intent.
- Consequence: Children are maximally protected; their personal injury damages are almost always fully compensated by the opposing party.
- ECLI:NL:HR:1997:ZC2522 (Hoge Raad)
- Case: A collision between a passenger car and a pedestrian, where the application of the 100% and 50% rule and the equity correction were under discussion.
- Rule of law: The Hoge Raad refines the rules regarding the causality assessment and equity correction (art. 6:101 lid 1 BW) in the apportionment of damages between motorized and non-motorized parties.
- Consequence: Even if an adult cyclist or pedestrian is partly at fault, the equity correction often ensures that the opposing party still has to compensate a larger part of the damage.
- ECLI:NL:HR:2010:BM3952 (Hoge Raad)
- Case: A dispute about the scope of the liability insurance and the right of recourse against third parties.
- Rule of law: The statutory right of recourse is also included under ‘claims for damages against third parties in respect of damage suffered by the insured’ within the meaning of art. 7:962 BW.
- Consequence: This clarifies the legal position of insurers when claiming paid damages from the actual perpetrator.
- ECLI:NL:HR:2022:1174 (Hoge Raad)
- Case: A discussion on whether the costs for determining the damage can be mandatorily recovered from the insurer.
- Rule of law: The reasonable costs incurred by an insured (consumer) to determine the damage are mandatorily borne by the insurer.
- Consequence: This guarantees that the costs for, for example, a medical advisor or a personal injury lawyer can be safely recovered, which makes the free assistance for you possible.
- ECLI:NL:HR:2023:1164 (Hoge Raad)
- Case: A WAM insurer compensates the damage of an occupant after an accident caused by a driver under the influence of alcohol, and then seeks recourse against this driver.
- Rule of law: A WAM insurer must compensate the victim’s damage and can subsequently recover this from the driver who was under the influence, unless the driver could assume in good faith that his liability was covered.
- Consequence: As a victim, you will always have your damages compensated by the insurer, even if the perpetrator was drunk; the insurer will then sort it out with the perpetrator themselves.
Step-by-step plan: how does claiming personal injury damages work in practice?
To give you a clear picture of the process, we use a straightforward step-by-step plan. This way you know exactly what to expect when we claim your personal injury damages from the opposing party.
1. Holding liable: We send a formal notice of liability to the opposing party or their insurer to lay the legal foundation. 2. Collecting evidence: We collect all necessary medical information and evidence of your incurred damages and costs. 3. Claiming an advance: To prevent financial problems during your recovery, we immediately arrange an advance on your personal injury compensation. 4. Awaiting recovery: We wait patiently until you have fully recovered or until a final medical situation has been reached, so that we can properly estimate the future damages. 5. Final settlement: We calculate your total damages and successfully close the case with a settlement agreement.
What amount of personal injury compensation can you claim?
When we hold the opposing party liable, we map out your full damages to calculate the amount of the personal injury compensation. You are entitled to compensation for all incurred costs. Many victims initially only think of direct medical costs or pain and suffering compensation. However, the actual damages and the financial consequences are often much more extensive. Our firm ensures that no item of damage is overlooked when claiming all damages.
Below you will find an overview of items of damage that we can claim on your behalf:
| Item of damage | What is it? | Why often forgotten? |
|---|---|---|
| Pain and suffering compensation | A non-material damage compensation for pain, sorrow, and loss of enjoyment of life. | Difficult to express in money; insurers often offer too little on their own initiative. |
| Loss of earning capacity | Loss of income because you are (temporarily or permanently) unable to work or can work less. | Future loss of income and missed promotions are often underestimated. |
| Domestic help | Compensation for household tasks that you can no longer perform yourself due to the injury. | Victims often solve this with informal care, but compensation is also possible for this. |
| Medical costs | Costs that your own health insurance does not cover, such as the deductible or specific treatments. | People often think that health insurance covers everything. |
| Travel costs | Trips to the hospital, the physiotherapist, or our law firm. | They seem like small amounts, but they add up significantly over time. |
| Loss of self-sufficiency | Chores in and around the house (such as painting or garden maintenance) that you now have to outsource. | Victims often do not know that standard guidelines and compensations exist for this. |
| Study delay | Financial compensation if you graduate later due to the accident and therefore enter the labor market later. | The long-term impact is often not immediately foreseen. |
We ensure that all damages are neatly calculated and compensated. Do not wait too long to call in help, because evidence can fade. Take the free Quickscan quickly or contact us directly via our contact form. Your case will be handled personally by mr. Patrick Nobel. Our help is completely free of charge for you.
The role of the opposing party’s insurer
When claiming damages, we almost always have to deal with the opposing party’s insurer. Whether it concerns a car insurance (WAM) or a corporate liability insurance. The insurer is the party that ultimately pays out the compensation.
You therefore do not have to worry that you will personally financially ruin the perpetrator. However, insurers are commercial companies that try to limit their claims burden. They employ experienced lawyers and medical advisors.
To ensure a level playing field, it is essential that you are assisted by our specialists. We conduct the tough legal discussions with the insurer. We also arrange advances during your recovery.
Why engage our legal help free of charge?
Engaging the legal help of Nobel Advocatuur costs you nothing. It is established in Dutch law that the costs of a personal injury lawyer are part of your total damages. Under art. 6:96 lid 2 BW, the liable party must compensate our costs. This applies as soon as liability has been acknowledged.
As a result, you benefit from the highest quality legal support by an LSA lawyer. You do not have to worry about high hourly rates. We hold the opposing party liable and collect the evidence. You can focus entirely on your recovery.
Frequently asked questions about claiming personal injury damages
Do you have a specific question about your situation? Below we answer every frequently asked question.
How long does it take to claim personal injury damages from the opposing party?
The duration of a case varies greatly and depends on your medical recovery. Only when a final medical situation is reached can the final compensation be determined. Until then, we ensure that the insurer pays advances. This way you will not run into financial problems.
What if the opposing party is unknown or uninsured?
Were you hit by an unknown perpetrator or an uninsured motor vehicle? Then you can often claim your damages through the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund). We can fully handle this claim for you. You must, however, meet certain conditions, such as filing a police report in a timely manner.
Do I have to conduct the discussion with the opposing party’s insurer myself?
No, absolutely not. As soon as you engage our firm for personal injury help, we take over all communication. We conduct the legal and medical discussions for you. This gives you peace of mind and allows you to focus on your rehabilitation.
What steps do we take in a claim?
We go through fixed steps: we hold the opposing party liable, collect medical evidence, calculate your damages, and negotiate with the insurer about the final compensation.
Can I also claim personal injury damages for a workplace accident?
Yes, in the event of a workplace accident, the employer is usually the liable party. Employers are obliged to insure themselves properly against these types of accidents. We hold the employer liable and claim your damages from their insurance.
What does a personal injury lawyer cost if the opposing party is liable?
For you as a victim, our help is free of charge. The law stipulates that the reasonable costs for legal assistance must be compensated. We charge our costs directly to the opposing party’s insurer.
Sources
| Source | Type | Date | Explanation |
|---|---|---|---|
| art. 6:162 BW | Legislation | Valid as of 25-02-2026 | Regulates the general tort and the obligation to pay damages. |
| art. 185 WVW 1994 | Legislation | Valid as of 25-02-2026 | Regulates the liability of the owner of a motor vehicle in accidents with non-motorized parties. |
| art. 6 WAM | Legislation | Valid as of 25-02-2026 | Gives the injured party their own right to compensation against the WAM insurer. |
| art. 7:954 BW | Legislation | Valid as of 25-02-2026 | Regulates the direct action of the injured party against the liability insurer. |
| Kamerstukken II 1997-1998, 25 759, nr. 3, p. 2 | Parliamentary history | 1997-1998 | Explanatory Memorandum on the protection of vulnerable traffic victims. |
| ECLI:NL:HR:1995:ZC1740 | Case law | 1995 | Hoge Raad judgment on traffic liability in a collision between a motor vehicle and a child (100% rule). |
| ECLI:NL:HR:1997:ZC2522 | Case law | 1997 | Hoge Raad judgment on the application of the 100% and 50% rule and the equity correction. |
| ECLI:NL:HR:2010:BM3952 | Case law | 09-07-2010 | Hoge Raad judgment on the scope of the liability insurance and the right of recourse. |
| ECLI:NL:HR:2022:1174 | Case law | 2022 | Hoge Raad judgment on the mandatory recovery of costs for determining the damage. |
| ECLI:NL:HR:2023:1164 | Case law | 2023 | Hoge Raad judgment on the right of recourse of the WAM insurer against a driver under the influence of alcohol. |
| Kamerstukken , 21528, nr. 6 | Parliamentary history | | Intention of the legislator — Traffic liability; List of answers | | Kamerstukken , 31762, nr. 2 | Parliamentary history | | Intention of the legislator — Evaluation of the Collective Settlement of Mass Damages Act; Report of |
Last updated: 23-08-2026