A collision with a lorry loaded with harvested produce on the N220 near Monster does not leave you cold. What you do in the first minutes determines whether your compensation later proceeds smoothly or stalls at the Rechtbank Den Haag.
1. Immediately involve the police in case of injury or unclear liability
In the event of injuries or a dispute over who is at fault, the police draw up an official report (proces-verbaal). That document is later of great value to insurers and in Den Haag. Always note the PV number. If the damage is minor and liability is clear, the European accident statement form often suffices.
2. Collect evidence immediately with photos and videos
Record the situation before vehicles are moved:
- Final positions of all vehicles
- Damage from multiple angles
- Road markings, signs and traffic lights
- Weather and visibility conditions
- Registration plates and markings of commercial traffic
3. Note witness statements on the spot
Ask bystanders for their name, telephone number and a brief description. An independent witness can be decisive. A voice memo on your phone is often sufficient.
4. Have injuries medically recorded, even in case of minor complaints
Whiplash or back complaints sometimes only manifest after two days. Visit a GP or the emergency department within 48 hours and have everything registered. Without timely medical notes, causation will later be difficult to prove.
5. Complete the European accident statement form in full
Both parties sign. Never simply admit liability; describe only the facts. In case of disagreement, tick “no agreement” and involve your own insurer.
6. Hold the other party liable in writing
Send a registered letter within two weeks stating the date, location, cause and consequences. This step interrupts the limitation period and is required before a compensation procedure can commence.
7. Consult a personal injury lawyer in case of injury or damage exceeding € 5,000
The costs of a specialised lawyer are paid by the liable insurer. If you call the Arslan office at Verdilaan 30 in Naaldwijk (070 - 4500 300), you will know immediately where you stand. Professional assistance typically yields 30 to 50 per cent more compensation.
Frequently asked questions
How much time do I have? The limitation period is five years from the moment you become aware of the damage and the liable party (article 3:310 BW). Waiting is nevertheless risky: evidence disappears and memories fade.
What if I am partly at fault? Your compensation will be reduced proportionately (article 6:101 BW). A lawyer can often achieve a more favourable apportionment.