Have you sustained injuries in a car accident in Westland? You can claim the damages from the responsible party via their WAM insurance. The handling follows specific traffic rules.
Who is liable in a car accident?
The driver who caused the accident bears the liability. If there is uncertainty about fault, factors such as the following are considered:
- Traffic violations: who ignored a red light or failed to yield?
- Statements from eyewitnesses
- Official police reports and official records
- Damage to the vehicles as an indication of the circumstances
- Footage from dashcams, if available
What does the WAM insurance cover?
In the Netherlands, WAM insurance is mandatory for every motor vehicle. In the event of a collision:
- You can directly file a claim with the WAM insurer of the other party
- This process is called 'direct action'
- It is not necessary to first approach the driver themselves
What damages can you claim?
If you have sustained injuries from a car accident, you can submit various damage items:
| Type of damage | Examples |
|---|---|
| Medical costs | Deductibles, therapy, medication |
| Loss of income | Missing work time, impact on career |
| Travel costs | Travel to medical appointments |
| Domestic assistance | If you are unable to perform household tasks yourself |
| Pain and suffering compensation | Compensation for pain and loss of quality of life |
| Damage to property | Damaged clothing, accessories or equipment |
Steps immediately after an accident
- Park your car in a safe place and place a warning triangle
- Contact 112 in case of injury
- Exchange personal and insurance details with the other party
- Take photos of the location and the damage to the vehicles
- Collect contact details of any witnesses
- Fill out a European accident report together
- Visit a doctor, even for minor complaints
Whiplash symptoms
Whiplash is a common injury in car accidents, particularly in rear-end collisions. Read our specific article on whiplash for more information.
What if the at-fault party fled the scene?
If the person who caused the accident is unknown or fled the scene, you can claim from the Guarantee Fund for Motor Vehicles. This fund compensates your damages if the other party turns out to be unknown or uninsured.What if I am partly at fault?
In case of partial fault, the compensation is reduced based on your share of the blame. For vulnerable road users such as cyclists and pedestrians, the 50% rule applies, meaning you will receive at least half of the damages compensated.Is it necessary to inform the police?
In case of injury, reporting to the police is mandatory. In cases of purely material damage, this is not mandatory, but it is advisable, especially if there is disagreement about who is at fault.Frequently asked questions about personal injury in Westland
How long does it take to receive compensation?
The processing time varies per case, but on average it takes 6 to 12 months. First, liability is determined, followed by a medical evaluation. In complex cases or disputes, it may take longer. Ensure complete documentation to avoid delays.
What if my claim is rejected by the insurer?
Request a written explanation of the rejection. Check if all evidence has been submitted and consider filing an objection or seeking legal assistance, for example via the Juridisch Loket Westland.
Is a lawyer necessary for negotiations?
For minor damage and clear liability, you can contact the insurer yourself. In cases of serious injury or uncertainty about liability, a personal injury lawyer is recommended. They can often negotiate higher amounts for you.
How is pain and suffering compensation determined?
Pain and suffering compensation depends on the severity of the injury, recovery time, and impact on your life. Guidelines such as the Pain and Suffering Guide help determine an appropriate amount, especially in cases of permanent damage.
What if there are no witnesses?
Witnesses are helpful but not essential. Evidence such as police reports, photos of the damage, and dashcam footage can also demonstrate the circumstances. A medical statement remains crucial to link the injury to the accident.