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You have an immediate right to compensation after an accident under Dutch law when someone else is liable for the incident. This means the opposing party must compensate your full personal injury. We ensure that you are compensated for all damages. This includes your medical expenses and your missed income. Pain and suffering compensation (smartengeld) for pain and sorrow is also included. If you sustain an injury due to an accident, a fair personal injury compensation is essential for your recovery. After all, you are entitled to compensation for all personal injury damages you suffer.
Our firm holds the opposing party formally liable. We ensure that you receive the maximum compensation. You have a statutory right to compensation. We completely take over the legal wrangling with the insurer for you.
Do you want to know exactly where you stand right away? Take the free Quickscan. Discover within 5 minutes whether you have a case. You can also use our contact form directly. Your case will be handled personally by mr. Patrick Nobel. For you, our legal assistance is completely free of charge. The liable opposing party pays our costs (art. 6:96 BW). Do not wait too long to call in help. This prevents evidence from being lost.
What does the law say about the right to compensation after an accident?
The basis for a claim lies in liability law. According to art. 6:162 BW of the Dutch Civil Code (BW), the perpetrator must compensate the damages. This applies in the case of a tort. In an accident, a traffic rule is often violated. It can also involve an unsafe working situation in a workplace accident. Strict rules apply to the employer regarding workplace accident personal injury. Within personal injury law, the protection of the victim is central.
The law sets requirements for the connection between the error and the injury. There must be a causal link (art. 6:98 BW). The damage must be a logical consequence of the event. The requirement of relativity also applies (art. 6:163 BW). The violated norm must specifically protect you against this damage.
Sometimes a victim dies due to an accident. The law then regulates compensation for surviving relatives. Based on art. 6:108 BW, the perpetrator must compensate damages for loss of maintenance. This applies, for example, to the spouse or minor children.
What did the legislator intend with these rules?
The general rule applies to every accident: anyone who causes damage through a tort must compensate it (art. 6:162 BW). In addition, the legislator has created extra protection for one specific category: traffic accidents involving a motor vehicle. Pedestrians and cyclists are considered ‘vulnerable road users’ in a traffic accident (art. 185 WVW 1994). The owner of the motor vehicle is in principle liable for at least 50% of their damages, and fully liable for children under the age of 14. Please note: this special protection is therefore part of traffic liability. For other accidents (such as a workplace accident or a fall in a store), different rules apply.
The Explanatory Memorandum states about this:
“This bill aims to introduce a new legal system of traffic liability, which provides protection for those traffic victims for whom the need is felt most strongly.” (Parliamentary Papers II 1997-1998, 25 759, no. 3, p. 2, PDF)
The legislator points out the enormous danger of motor vehicles. The owner is in principle liable for the entire personal injury. Exceptions are intent or deliberate recklessness on the part of the victim.
What does the judge say about the right to compensation after an accident?
The law provides the framework, but the judge fills it in. The Hoge Raad (Dutch Supreme Court) has clarified the limits of liability. Below we discuss the most important rulings for your case:
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- Liability towards occupants: Already in ECLI:NL:HR:1975:AC1932 (Hoge Raad, 11-04-1975) it was established that a driver is liable for the personal injury of an occupant in an accident caused by their fault. Nowadays, this protection runs through the Motor Insurance Liability Act (WAM). As an occupant, you hold the insurer of the motor vehicle directly liable. How strong that position is, is shown by ECLI:NL:HR:2025:1082 (Hoge Raad, 03-07-2025). An occupant claimed compensation directly from the WAM insurer after a single-vehicle traffic accident. The case revolved around the question to what extent the insurer can invoke defenses from the insurance relationship against the injured party. As a blameless passenger, you will therefore almost always get your damages compensated.
- Personal vulnerability (Predisposition): In ECLI:NL:HR:1985:AG4961 (Hoge Raad, 1985), the victim had an existing vulnerability. The Hoge Raad ruled that the perpetrator must in principle take the victim as they are. However, this personal predisposition may be taken into account when assessing the damages. This means that your final compensation can be influenced if it is plausible that your complaints would also have arisen in the future without the accident.
- Sports and game situations: In ECLI:NL:HR:1990:AD1456 (Hoge Raad, 19-10-1990), someone was injured playing tennis. The Hoge Raad ruled that hazard-creating behavior is less likely to be unlawful here. Participants expect dangerous actions from each other. You are less likely to be entitled to compensation here than in traffic.
- Hazard creation (Swinging branch): In ECLI:NL:HR:1994:ZC1576 (Hoge Raad, 09-12-1994), a walker sustained an eye injury from a swinging branch released by his companion. The Hoge Raad decided that hazard-creating behavior is not automatically unlawful. It only is when the chance of an accident is so great that someone should have refrained from that behavior according to standards of carefulness. Outside of traffic, liability must be assessed per situation along this standard.
- Shock damages for relatives: The Hoge Raad clarified its case law on this in ECLI:NL:HR:2022:958 (Hoge Raad, 24-06-2022). Anyone who kills or injures another person can also act unlawfully towards the person in whom the confrontation with that act causes a severe emotional shock. In this case, a father had seen the body of his deceased daughter in the mortuary. The Hoge Raad decided that compensation for shock damages is not excluded simply because that confrontation was not unexpected and unavoidable. However, a high threshold remains.
Right to compensation after an accident in practice: Our approach
How does claiming personal injury work in practice? Our firm takes the entire process off your hands. We inventory the accident and collect evidence. Think of the completed claim form and witness statements. Next, we will hold the opposing party formally liable. Good legal advice is indispensable here.
As soon as liability is established, we engage a medical advisor. This doctor determines your limitations. This advice is the foundation for getting your damages compensated. Our lawyers calculate your damages and negotiate with the insurer. We also arrange advances during your recovery. Claiming personal injury is a complex process, but we do what is necessary for a fair outcome.
Which other items of damage might you forget?
If liability is acknowledged, you are entitled to compensation. This applies to pecuniary damage and other disadvantage (art. 6:95 BW). Pecuniary damage includes loss suffered and missed profit (art. 6:96 BW).
Many victims do not know exactly what damages they can claim. A specialized lawyer maps out all the different items of damage. Insurers rarely point this out to you. Correctly calculating personal injury requires insight into various factors.
| Item of damage | What is it? | Why often forgotten? |
|---|---|---|
| Medical expenses | Deductible, uncompensated physiotherapy and costs of medical aids. | People think health insurance covers everything. |
| Loss of earning capacity | Missed income because you can work less or not at all. | Future income damage is complex to calculate yourself. |
| Domestic help | Compensation for tasks in the house that you can no longer do. | The insurer rarely offers this spontaneously. |
| Loss of self-sufficiency | Compensation for chores in and around the house. | Victims often do not know that this is an item of damage. |
| Travel expenses | Trips to the hospital or the physiotherapist. | They seem like small amounts, but they add up considerably. |
| Study delay | A standard amount if you graduate later due to the accident. | Students forget the financial impact of study delay. |
Do not leave money on the table. Take the free Quickscan or Contact us. We recover your damages down to the last cent. Your case will be handled personally by mr. Patrick Nobel. You run no financial risk.
Pain and suffering compensation: Compensation for your pain and sorrow
In addition to material damage, you are entitled to pain and suffering compensation (art. 6:106 BW). This is compensation for non-material damage. You receive this if you have sustained physical or mental injury. A fair personal injury compensation helps with the coping process.
Pain and suffering compensation compensates for pain, sorrow, and loss of joy in life. The amount depends on the severity of your injury. The duration of the recovery and any permanent injury also play a role. Our firm calculates this accurately via the Smartengeldgids, so that the personal injury amounts match your situation.
Why a personal injury lawyer makes the difference
Claiming compensation is a complex process. Insurers employ experienced lawyers. Their goal is to keep the compensation low. If you negotiate yourself, you are at a disadvantage.
A good advocate creates a level playing field. We handle your case personally and look at your unique personal situation. We collect evidence, calculate your damages, and conduct the discussions. We stand up for your interests.
Our help costs you nothing if liability is established. The law sees legal costs as part of your damages (art. 6:96 BW). The insurer pays our invoice. You receive the maximum compensation.
Frequently asked questions about the right to compensation after an accident
How long does it take before I receive my final compensation?
This depends on your medical recovery. Only in a ‘final medical situation’ can the damages be definitively calculated. If we close the case too early, you miss out on money. We do arrange advances for you in the meantime.
Can I claim compensation if I am partly at fault myself?
Yes, often you can. Especially if you were hit as a cyclist or pedestrian. You are extra protected by the law. You will then often receive at least 50% of your damages compensated.
Do I have to pay tax on my personal injury compensation?
No, the compensation is in principle tax-free in box 1. The Belastingdienst sees this as compensation, not as income. A large amount in your savings account can, however, have an impact in box 3.
What if the perpetrator drove off or is uninsured?
Even then you often have a right to compensation. We can submit your claim to the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund). You must, however, prove that another motor vehicle caused the damage.
How can I be sure I can claim personal injury?
To establish your right to personal injury compensation, it is important that the liability of the opposing party is acknowledged. Our lawyers assess this for you free of charge during an initial consultation.
Sources
| Source | Type | Date | Explanation |
|---|---|---|---|
| Art. 6:162 BW | Legislation | Current | Basic article for tort and liability. |
| Art. 6:95 BW | Legislation | Current | Determines that damage consists of pecuniary damage and other disadvantage. |
| Art. 6:96 BW | Legislation | Current | Defines pecuniary damage, including costs for legal assistance. |
| Art. 6:106 BW | Legislation | Current | Basis for the right to pain and suffering compensation (non-material damage). |
| Art. 6:98 BW | Legislation | Current | Requirement of causal link between event and damage. |
| Art. 6:163 BW | Legislation | Current | The requirement of relativity in tort. |
| Art. 6:108 BW | Legislation | Current | Obligation to compensate damages due to loss of maintenance upon death. |
| ECLI:NL:HR:1975:AC1932 | Case law | 11-04-1975 | Hoge Raad: Liability of driver towards occupant for personal injury. |
| ECLI:NL:HR:2025:1082 | Case law | 03-07-2025 | Hoge Raad: occupant holds the WAM insurer directly liable after a single-vehicle accident; scope of defenses of the insurer against the injured party (art. 11 WAM). |
| ECLI:NL:HR:1985:AG4961 | Case law | 1985 | Hoge Raad: Personal predisposition of the victim is at the risk of the perpetrator, but can be taken into account when assessing damages. |
| ECLI:NL:HR:1990:AD1456 | Case law | 19-10-1990 | Hoge Raad: Hazard-creating behavior in sports and game situations. |
| ECLI:NL:HR:1994:ZC1576 | Case law | 09-12-1994 | Hoge Raad (Swinging branch): hazard creation is only unlawful if the chance of an accident is so great that one should have refrained from the behavior according to standards of carefulness. |
| ECLI:NL:HR:2022:958 | Case law | 24-06-2022 | Hoge Raad clarifies the shock damages case law: even a not unexpected confrontation (body in the mortuary) does not exclude compensation for the secondary victim. |
| Parliamentary Papers II 1997-1998, 25 759, no. 3 | Parliamentary history | 1997-1998 | Explanatory Memorandum on the protection of traffic victims. |
| Parliamentary Papers 2014, 28781, no. 7 | Parliamentary history | 2014 | Intention of the legislator — Amendment of the Burgerlijk Wetboek and other laws in connection with the compensability | | Parliamentary Papers II 1975-1976, 7729, no. 6 | Parliamentary history | 1975 | Intention of the legislator — Establishment of Book 6 of the new Burgerlijk Wetboek | | Parliamentary Papers II 1989-1990, 21528, no. 2 | Parliamentary history | 1989 | Intention of the legislator — Traffic liability abroad |
Last updated: 23-08-2026