A traffic accident abroad can be legally complicated. Which legislation applies? How do you file a claim from another country? Fortunately, there are specific arrangements to simplify this process, also for residents of Westland.
Accidents within the EU
For accidents in an EU country, uniform guidelines apply:
- In every EU country, a national green card office is active.
- You can file your claim in the Netherlands via a local claims adjuster.
- In general, the law of the country where the accident occurred applies.
EU Directive on Motor Vehicles
The 4th Motor Vehicles Directive provides the possibility to file a claim in your own country:
- Foreign insurers have a representative in the Netherlands.
- Claims can be filed with this Dutch representative.
- Communication can take place in Dutch as usual.
Which Law Applies?
| Category | Applicable Law |
|---|---|
| Liability | Law of the country of the accident |
| Damage compensation | Law of the country of the accident |
| Non-pecuniary damages | Law of the country of the accident |
Important: the amount of non-pecuniary damages varies significantly per country. In some countries, you receive much higher amounts than in the Netherlands.
Steps Immediately After an Accident Abroad
- Contact local emergency services (112 is reachable everywhere in the EU).
- Fill out the European accident report as completely as possible.
- Take photos of the scene.
- Collect details of the other party and any witnesses.
- Request an official police report.
- Notify your own insurer as soon as possible.
Accidents Outside the EU
An accident outside the EU often brings more complications:
- Check if your green card is valid in the country concerned.
- The local law of that country usually applies.
- You may need to file a claim on site.
- Consider engaging an expert in international personal injury law.
Can I bring a case in the Netherlands?
In some cases, this is possible. If the insurer has a branch in the Netherlands or if you reside in the Netherlands, you can litigate here. However, the law of the country where the accident occurred remains applicable.What to do if the foreign insurer does not respond?
You can file a complaint with the national office of the country concerned or seek assistance from the Netherlands Bureau for Motor Vehicle Insurers for mediation.Is my Dutch legal expenses insurance also recognized abroad?
This varies per policy. Some insurances offer limited coverage abroad. Check your policy conditions or contact your insurer.Frequently Asked Questions
What does this article cover?
This article covers legal aspects of personal injury from traffic accidents abroad. Read on for specific information that may be relevant to your situation in Westland.
How can I apply this information?
The content provides general guidelines. For tailored advice, it is wise to consult a legal expert or lawyer, for example via the Legal Counter Westland.
Where can I find more information?
View other articles on this platform or contact a lawyer or legal aid organization in the Westland region for additional support.
How can I get help?
Contact a legal advisor or local organization such as the Legal Counter Westland. Often, an initial consultation is free.
What are my rights as a victim?
You are entitled to compensation if another party is liable. This may include medical costs, loss of income, and non-pecuniary damages. Prompt action strengthens your case.
Summary
This article provides insight into personal injury claims after a traffic accident abroad. For personal advice, an lawyer or legal expert is recommended, especially in the Westland region via the District Court of The Hague.
Key Points
- Every personal injury case is different.
- Professional legal advice is crucial.
- Prompt action can strengthen your claim.
- Good documentation is essential.
- There are organizations that offer help, such as the Legal Counter Westland.
- Your rights must be protected.