Compensation for a Single-Vehicle Accident in Westland

Compensation for a Single-Vehicle Accident in Westland

A single-vehicle accident is a traffic accident involving only your vehicle in Westland, with no fault on the part of others. Compensation covers personal injury, material and immaterial damages. Without a third party at fault, options are limited, but claims can be pursued through your insurer or the Municipality of Westland. This article outlines the legal rules and steps for Westland residents.

What is a single-vehicle accident and what types of damage arise?

In a single-vehicle accident, only your car, bicycle or motorcycle sustains damage, such as skidding on wet greenhouse roads in Westland, colliding with a pole or falling due to a pothole in the asphalt. No other road user is liable, making it difficult to claim compensation. Personal injury includes physical and mental harm, such as bruises or anxiety disorders. Material damage covers repairs, medical costs and lost income; immaterial damage compensates for pain and suffering.

Unlike accidents involving others, you must rely on your own insurance. Police statistics show thousands of single-vehicle accidents in the Netherlands annually, with injury in 20% of cases. Westland's busy traffic routes increase this risk. See also our article on Personal Injury from a Single-Vehicle Accident in Westland.

Legal basis for compensation

Compensation for a single-vehicle accident in Westland is governed by the Dutch Civil Code (DCC), particularly Article 6:162 DCC for unlawful acts. Without a liable party, this is limited. Liability insurance does not cover your own damage, as stipulated in the Motor Vehicle Liability Insurance Act (WAM). Additional coverage is essential.

For road defects such as a pothole on a municipal road in Westland, you can hold the Municipality of Westland liable under Article 6:174 DCC (strict liability). Medical costs fall under the Health Insurance Act (Zvw), but you pay the deductible (€385 in 2023) and extra therapy yourself or claim it separately. Pain and suffering awards follow the Smartengeldgids, ranging from €500 to €50,000.

Without comprehensive coverage, there is no material damage protection. If uninsured, the Motor Vehicle Guarantee Fund Foundation (SWMF) provides limited assistance.

Overview of compensations and how they work

After a single-vehicle accident in Westland, you can claim three types of damage, depending on your policy and circumstances:

• Material damage: Repairs, rental car and medical expenses. Via comprehensive or legal expenses insurance.
• Immaterial damage: Pain and suffering award for distress. Via a personal injury lawyer, even without a liable party.
• Loss of income: Missed wages or disability. First two years under Zvw, thereafter WIA.

Insurance comparison:

Real-life examples from Westland

Example: You skid on an oily patch along a Westland greenhouse road on a rainy day and collide with a streetlight pole. Whiplash follows, with two weeks off work. Without comprehensive insurance, liability covers nothing for €2,000 car damage. Physiotherapy (€500) partly via health insurer; €1,500 pain and suffering via lawyer (Article 6:106 DCC for work-related accident).

A cyclist falls over a loose paving stone on a road in 's-Gravenzande. Municipality of Westland liable (Article 6:174 DCC): €3,000 hospital costs, €800 new bike, €2,500 pain and suffering. Evidence is crucial (photos, witnesses). In 2022, the Westland court awarded €10,000 including lost income.

Motorcyclists on Westland polder roads: fall on gravel causes injury, compensation via own policy or ANWB.

Rights and obligations for Westland residents

Rights:

1. Medical care via Zvw.
2. Compensation if a party is liable (e.g., Municipality of Westland).
3. Free advice from Het Juridisch Loket Westland or your insurer.
4. No cost risk: personal injury lawyers work on a no-win-no-fee basis (Settlement Agreement Act).

Obligations:

• Report to police and obtain police report.
• Document damage with photos, invoices and witnesses.