A rear-end collision on the A13 at Ypenburg can abruptly end your daily commute to Den Haag. What you do in the first minutes determines whether insurers and the Rechtbank Den Haag will take your personal injury claim seriously at a later stage.
1. Photograph the situation immediately
Record the scene before vehicles are moved. Aim your camera at final positions, damage from all angles, skid marks, traffic signs and weather conditions. Licence plates of any commercial vehicles involved should also be photographed. Such visual evidence is of invaluable importance in later discussions concerning the A4 or A12.
2. When to call the police after a collision?
In the event of personal injury or unclear liability, the police will draw up an official report (proces-verbaal). Always request the PV number. Where there is only material damage and liability is clear, a European Accident Statement often suffices. On the busy commuter routes around Rijswijk this occurs more frequently than one might think.
3. Collect witness statements
Note names, telephone numbers and brief descriptions of bystanders. An independent witness can be decisive before the Rechtbank Den Haag. Voice memos on your telephone work well.
4. Undergo a medical examination — even in case of doubt
Whiplash or a mild concussion often only become apparent after a day. Visit your general practitioner or the emergency department within 48 hours and have everything recorded. Without timely medical notes, causation will be difficult to prove later.
5. Complete the European Accident Statement in full
Both parties must sign. Record facts, not admissions of liability. 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 letter of liability interrupts the limitation period and is required before any compensation settlement procedure can commence.
7. Instruct 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. Contact the office at Generaal Spoorlaan 35 in Rijswijk (070 - 4500 300) for an initial consultation. Clients who instruct legal counsel receive on average 30 to 50 per cent more than victims who negotiate themselves.
Frequently asked questions
How much time do I have to take action? The limitation period is five years from the moment you become aware of the damage and the liable party (article 3:310 BW). However, delay is risky: evidence disappears and memories fade.
What if I am partly at fault? In case of contributory negligence the compensation is reduced proportionately (article 6:101 BW). An experienced lawyer can often achieve a more favourable apportionment.