Who can you hold liable for your personal injury?
Now you know that in most instances you are eligible for compensation in case of personal injury, who can you hold liable in your situation? Imagine:
- You are hit by a car when walking on a pedestrian crossing.
- You get injured at work.
- You are bitten by a dog in a park.
- You slip on a recently cleaned floor in the supermarket that does not have a warning sign.
- You trip over a loose pavement slab.
In these instances, you are usually eligible for compensation from:
- the car driver
- your employer
- the dog owner
- the supermarket
- the municipality.
For most accidents in which you are injured, somebody else may be held liable for your damages. Even if you are hit by a motor vehicle in a hit-and-run accident or if the perpetrator has no insurance. In the Netherlands the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund) was set up for this purpose. You may make a claim to this fund, provided that you meet three strict requirements:
- You must have been hit by a motor vehicle. This also includes a scooter, mobility scooter, e-bike, or electric scooter.
- There must be at least one witness to the accident. If there were no bystanders at the time of the accident, you may for instance try and obtain video footage from street cameras.
- If you were unable to write down the licence plate number, you must report the accident to the police right away. If you did manage to write down the licence plate number, you must report the accident to the police within 14 days.
Please contact us if you want to find out who you may hold liable in your specific situation. Our lawyers will be happy to tell you.
What damage may be compensated?
Now you know that as an expat in the Netherlands you are usually eligible for compensation if you get injured in an accident, which damage is eligible for compensation? The other party is liable to compensate all direct and indirect damage. This includes for instance:
- Lost income because you are unable to work for a while and your employer will only pay 70% of your wages during this period
- Medical expenses including insurance deductibles and costs that are not covered by your health insurance, e.g. physiotherapy
- Costs of travelling to and from doctor’s appointments etc
- Domestic help, even if you receive help from family, friends, or neighbours
- Costs for things that you cannot use, e.g. tickets to concerts you are unable to attend because of your injuries, or a sports subscription that you are temporarily unable to use
- Damage to your personal belongings caused by the accident, e.g. to your clothes, glasses, or laptop
- Damages for emotional distress suffered in the form of pain, distress, and temporary reduced enjoyment of life due to your injuries and the accident
This is only a fraction of the damage that may be eligible for compensation. Calculating your compensation is a complex legal affair. That’s why we always advise you to engage the services of a personal injury lawyer if you have been involved in an accident.