You have been in an accident. You have been hit by a car and you have suffered physical injury and other damage as a result. You were probably immediately transported to the hospital for a check-up or treatment, or you still have to go to the doctor. Now what? How do you receive full compensation for your damage? How much compensation are you entitled to? What needs to be arranged and by whom?
Hit by a car, pay attention to the following:
- First of all, make sure everyone is safe
- Request the name and address of the counterparty, and make sure that all details are known to you
- Request name and address details of witnesses
- Complete the European Accident report Form for Motor Vehicles that every motorist must have with them
- Before signing this form: read it carefully for errors!
- Important: if you have been hit by a car on foot or a bicycle, you are always entitled to compensation, if there is no force majeure.
- If you were in the car, on a motorcycle, scooter, moped, or in another motor vehicle, the party claiming compensation will have to prove that the other party is at fault.
Hit by a car? In the event of injury, our lawyers can assist you free of charge and claim your compensation. Read more on our accident compensation page.
Hit by a car and injured, now what?
Once you have completed the claim form, you will probably start thinking about appropriate compensation. If you have suffered damage as a result of the collision, you will have to recover this damage from the counterparty. In most cases, this is the insurer of the liable motorist.
Tip: it is good to know that your health insurer charges costs for a check-up at the emergency room, among other things. You will receive an invoice for this after a few weeks. Don’t forget to reclaim these costs as well! Therefore, submit your claim to the counterparty in good time or let our lawyers sort it out for you completely free of charge.
What should you do if you have been injured or experience complaints? First of all, make sure you make an appointment with a doctor. Your health is most important. This doctor can recommend the right treatment for your symptoms.
Causality
In addition, he can determine that the complaints are indeed the result of the car accident. To be compensated for your personal injury, you must demonstrate that you sustained physical injury as a result of the accident. A causal connection must be demonstrated: a connection between the complaints you have and the occurrence of the accident.
How do you do that:
- See a doctor as soon as possible to report your symptoms
- An insurer will doubt whether your complaints were caused by the car accident if you do not see a doctor within one week
- Report all your symptoms and limitations as a result of these complaints to your doctor
The insurer wants to see proof of the injury
If the insurer wants to see proof of your injury, you can request the medical file from your general practitioner. It contains information about your medical condition and whether the injury was actually the result of the collision. This prevents a legal discussion with the insurer.
Hit by a car: calculate your damage
In order to make a complete damage calculation, you must keep a record of all costs that you incur as a result of the car accident. All these costs must be reimbursed by the counterparty.
- Keep track of all the miles you drive to the doctors, hospital, pharmacy, etc.
- Record who helps you and how many hours they spend doing this (think of household chores, gardening, walking the dog, taking the children to school, etc.)
- Keep all receipts from purchases you made as a result of the accident.
Want to know more? See the injury compensation page for more information.
Compensation for pain and suffering
You are also entitled to compensation for the pain and suffering that has been caused to you. Would you like to know how much compensation you can claim? You can read that on our claim compensation for pain and suffering page.
Hit by a car, who can help me?
In the Netherlands, victims of personal injury are entitled to free legal assistance. Legal specialists can claim their hours from the counterparty’s insurer. After you have been hit by a car, you can immediately request free legal assistance.
Tip: do not work with an agency that offers you a no cure no pay scheme! The costs for claiming your damage due to a traffic accident are always paid by the insurer of the liable party. It would be a shame if you had to give up a percentage of your compensation amount to your personal injury lawyer or attorney. Read more about free legal assistance in the event of personal injury. Read here how it is possible that our help is free of charge for you.
I have been hit by a car, what should I do first?
You are the victim of a car accident, now what? First, go to the doctor or the emergency room as soon as possible. Ask the doctor to fully register your complaints. This is important for claiming your compensation. Then immediately fill in the claim form and send it to the motorist’s insurer as soon as possible.
Then, hold the driver of the car liable for all damages suffered and yet to be suffered. You do not need to calculate your damages in detail at this stage. Send the letter by registered post. From this moment on, it is best to seek legal assistance as soon as possible, before you are called by the insurer.
If you have sustained an injury (physical/psychological complaints, injuries), our lawyers will help you recover the damage free of charge. You will receive a statement from us that our assistance will not cost you anything.
Am I entitled to damage compensation, if so, how much?
If you were hit by a car on foot or while cycling, and there is no question of force majeure, you are entitled to damage compensation. 50 to 100% of your damage will be reimbursed. If you were not at fault, your full damage will be reimbursed. If you, as the driver of a motor vehicle, have been hit by a car, you will have to prove that the other person is at fault. The best way to do this is to make sure you have a signed claim form. And to ask witnesses for a short statement.
The amount of your compensation depends on many different factors, such as the severity of the injury, the established liability, the duration of the medical recovery process, etc. Read more on our traffic accident damage compensation page.
How long will it take before I receive my compensation?
From the moment that a final medical condition has been reached, it is possible to work towards the payment of full compensation. Various advances can be paid in the meantime. You are entitled to that. The final medical condition is reached when you have fully recovered or there is no prospect of further improvement.
The insurer refuses to fully reimburse my damage, now what?
Do not sign anything, and do not agree to anything. Leave the legal discussion to a lawyer. Your legal counsel will take on your case and investigate the liability of the motorist. If it turns out that the car is at fault, you are entitled to compensation. If the motorist or his insurer refuses to acknowledge liability, then litigation is an option. After all, you certainly did not ask for the collision.
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