An accident during a stay abroad can be complicated. Which laws apply? Who handles the case? And how can you settle the damage from Westland?
Which law applies?
In cross-border personal injury cases, it must first be determined which law applies.
Rome II Rules
Within the EU, the Rome II Regulation determines which law applies to non-contractual obligations, such as personal injury.
General principles
| Circumstance | Applicable law |
|---|---|
| Default rule | Law of the country where the damage occurred |
| Both parties from the same country | Law of that shared country |
| Traffic incident | Often the law of the country of the accident |
| Work-related accident | Law of the country where the work was performed |
Which court is competent?
The competence of a court is determined by the Brussels I bis Regulation.
Options for jurisdiction
- Place of residence of the defendant: the court in the country of the tortfeasor
- Location of the damage: the court in the country where the incident occurred
- Direct claim against insurer: the court in the country of the victim
Traffic accidents within the EU
For traffic accidents in EU countries, there are specific rules that offer victims additional protection.
Direct action
According to the 4th and 5th Motor Insurance Directives, a victim can directly claim against the motor insurer in their own country.
Damage handling
Every motor insurer must have a contact person for damage handling in every EU country. Victims from Westland can approach this in the Netherlands.
Traffic accidents outside the EU
Outside the EU, the rules are often more complicated.
Key points
- Local law usually applies
- Damage compensations can differ significantly
- Procedures may differ from what you are used to
- Limitation periods are sometimes shorter
- Language and cultural differences play a role
Injury during holiday
Damage during a holiday can arise from various causes.
Examples of situations
| Case | Liable party | Remarks |
|---|---|---|
| Incident in hotel | Hotel or tour operator | May fall under the Package Travel Directive |
| Problem during excursion | Organiser or travel company | Often can be settled via the tour operator |
| Traffic accident | Tortfeasor or insurer | Local insurance rules |
| Medical error | Doctor or clinic | Local legislation applies |
Protection for package tours
The European Package Travel Directive provides additional safeguards for package tours.
Travellers' rights
- Tour operator is responsible for all travel components
- Liability for errors in execution
- Assistance in case of problems
- Possibility to file a claim in the Netherlands
The role of travel insurance
Travel insurance can provide crucial assistance in case of injury abroad.
What is covered?
| Type of coverage | What is reimbursed |
|---|---|
| Medical costs | Treatment on site and return to the Netherlands |
| Accident damage | Compensation for permanent injury |
| Legal assistance | Support for claims |
| Emergency assistance | Alarm centre and repatriation |
Practical advice
- Report every incident to the local authorities and request a report
- Document everything: take photos, collect witness statements and keep medical documents
- Keep all receipts and invoices
- Report the incident directly to your travel insurer
- Seek help from an expert in international personal injury cases
- Be alert to shorter limitation periods in other countries
Frequently asked questions about personal injury
What if I sustain injury during a trip?
You can often file a claim via your travel insurance or the tour operator, depending on the situation and location.
How long do I have to file a claim?
This depends on the country where the accident occurred; limitation periods can be shorter than in the Netherlands.
Can I get legal help in Westland?
Yes, the Juridisch Loket Westland can advise you on international personal injury cases.
What if the defendant resides in another country?
The competent court may be in the country of the defendant or the place of the accident, depending on the situation.
What are my rights for a package tour?
The tour operator is responsible for the execution and must provide assistance in case of problems.