Are you looking for tips on how to claim compensation in case of a collision? Then you have come to the right place. Thanks to our years of experience in assisting personal injury victims, our lawyers have a few things to say about how you can best seek compensation for your damage if you have been involved in a traffic accident.
When you have been hit in traffic through no fault of your own, you do not have to pay for the costs that you incur. In fact, the person who caused the accident must pay for them. However, it is important that you claim this compensation yourself! With these tips, we will make it easier for you.
Tip 1: collect all the information you can find at the scene
Involved in a collision? If you start collecting evidence right away, the process of claiming compensation will go much smoother afterward. So be sure to do at least the following things:
- Write down the contact details of the other involved party(ies)
- Take pictures of the traffic situation
- Write down the details of witnesses (passengers over the age of 16 also count as witnesses)
- Complete the claim form and have the other party do the same – but do not sign anything you don’t agree with
- Look for security cameras that may have recorded the accident
Tip 2: never just let someone pay for your damages
Perhaps the other party is offering you cash at the time of the collision, to settle the matter between you two. This may be tempting, but don’t accept this! At that moment, you cannot yet estimate how great your (physical) damage will be and whether the offer of the other party will fully cover the costs. So this is not a wise idea.
It is also possible that the other party will approach you later to buy off the damage. Or perhaps his or her insurer will do so. Accepting this is not wise either. It may seem like a reasonable offer, but often the damage is much higher than expected. And then you are left dealing with the consequences.
Tip 3: do not wait too long to hold the other party liable
Want to claim damage compensation in the event of a collision? Then you must hold the other party (the person who caused the collision) liable for your damage. But how do you go about claiming damage from the other party? You do this through a letter – which is why it is helpful to write down all his or her contact details!
However, personal injury has a statute of limitations. Therefore you cannot wait forever to hold the counterparty liable and claim your damage. You can hold a WAM (Dutch Motor Insurance Liability Act) insurer of the other party liable for up to three years after the collision. So it is best to send a liability letter as soon as possible. Here, you should keep the following in mind:
- Enter the date on which the collision took place
- Briefly describe the circumstances of the accident
- Sign the letter
- Send it by registered post, so that you can prove that you have indeed sent this letter
Tip 4: engage a representative
We cannot stress it enough: engaging a personal injury attorney will save you a lot of hassle. This is because they know what is necessary for recovering your damage. They also know which damage items you have to take into account, how you can negotiate with the other party and how you can obtain the highest possible compensation. And all this for free!
How is that possible? The costs incurred by a representative is considered one of the damage items that you can claim from the counterparty. His or her insurer will therefore pay the hourly wage of this personal injury attorney. So there is little reason not to contact a representative in the event of a collision. Therefore, do this as soon as possible. Have an experienced attorney claim the damage from the counterparty while you recover from your injury.
Tip 5: keep track of all your damages
Want to claim compensation in the event of a collision? To have a good idea of your damages and to know what amount you can claim, keep a good record of all your damage. In doing so, you can take the following steps:
- Keep a log of the ways the collision affects your life. How many days are you unable to work? What costs do you incur? What kind of assistance do you receive from family and friends? How many visits do you make to doctors and what is said in them?
- Take pictures of all material damage and your injuries.
- Keep all receipts for the costs you incur as a result of the collision.
Tip 6: know that you can always request a second opinion
Even if your claim is already handled by a third-party insurer or legal protection insurance, you can always switch to another representative. You must take good care of yourself in this situation. Perhaps the liability has been rejected very quickly, you feel that you are being offered too low compensation or that your representative is not trying hard enough. In that case, you don’t have to stay; you can also present your file to someone else. Request a second opinion!
Tip 7: request an advance payment if the financial compensation takes a long time
You are already incurring all kinds of expenses well before you receive compensation. In the first instance, you will pay for this out of pocket, because you or your representative and the (insurer of the) counterparty must first agree on the amount of your compensation. This can take a long time. To avoid going bankrupt as a result of these costs – which are no fault of your own – you can ask for an advance payment. You will then have an amount deposited into your account. This will later be deducted from your final compensation.
Tip 8: even if the culprit is unknown, you can claim compensation
Were you hit by a car and did the culprit drive off afterward? Then you may think that the chance of claiming compensation is gone. Fortunately, that is not the case! You or your representative can turn to the Waarborgfonds Motorverkeer. This is a fund that ensures that victims of a hit and run also receive what they are entitled to. You can also file a claim for damages at the same fund if the culprit is uninsured.
Tip 9: minor injuries? Even then you are entitled to compensation
Sometimes you may think that your damage after a collision is not that bad. For example, you had to call in sick at work for one day and your phone was slightly damaged because you fell. You may be thinking: it’s not worth all the trouble. But even with minor injuries, you may incur expenses. You may have lost your deductible or need to have your phone repaired. Or maybe it turns out later that your injury is more serious than you initially thought! Then it is still nice if you can claim compensation. Besides, it’s not that much trouble. Especially if you engage a representative who can take care of all the necessary work.
Tip 10: wait for the final medical condition before settling the damages
Injuries after a collision are sometimes unpredictable. You think you can estimate in advance how long you will suffer and from what exactly. But nothing could be further from the truth. Sometimes all kinds of ailments unexpectedly start to arise, or the recovery takes much longer than you could have imagined. That is why it is very wise to wait for the final medical condition before settling the damages. This means being at the point where your symptoms can no longer be expected to worsen. Only then can the true extent of your expenses be assessed with certainty.
Want to share this article?
