Compensation for damage in single-vehicle accident in Rijswijk

Compensation for damage in single-vehicle accident in Rijswijk

A single-vehicle accident in Rijswijk involves a traffic accident with only your vehicle, without fault on the part of others. Rijswijk residents can claim compensation for injuries, material and immaterial costs through their insurance or local authorities. Without a third party, compensation is limited, but options exist via your own policy or the Municipality of Rijswijk. This article discusses the legal rules and steps for victims in Rijswijk.

What is a single-vehicle accident in Rijswijk and what damage arises?

In Rijswijk, a single-vehicle accident occurs when your car, scooter, or bicycle sustains damage due to slippery roads in neighborhoods like Innen or a collision with a bollard along the Laan van 's-Gravenhage. No other party is at fault, making claims complex. Personal injury includes physical and mental harm such as bruises, fractures, or anxiety disorders. Material damage covers repairs, medical costs, and lost income; immaterial damage compensates for pain and suffering.

Unlike accidents involving others, you rely on your own insurance. Police figures show thousands of single-vehicle accidents in the Den Haag-Rijswijk region, with injuries in about 20% of cases. See our article on Personal injury in single-vehicle accidents in Rijswijk for more details.

Legal basis for compensation in Rijswijk

Compensation for a single-vehicle accident in Rijswijk is governed by the Dutch Civil Code (DCC), particularly Article 6:162 DCC on unlawful acts. Without a liable party, this applies only to a limited extent. 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 Rijswijk street, you can hold the Municipality of Rijswijk liable under Article 6:174 DCC (liability of road authorities). Basic medical coverage comes from the Health Insurance Act (Zvw), but you pay the deductible (€385 in 2023) and extra therapy yourself or claim it. Pain and suffering compensation is based on the Personal Injury Compensation Guidelines, ranging from €500 to €50,000.

Without comprehensive insurance, there is no material coverage. For uninsured parties, the Guarantee Fund for Motor Vehicles (SWMF) provides assistance, primarily for third parties.

Types of compensation and how they work in Rijswijk

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

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

Overview of insurance types:

Real-life examples from Rijswijk

Example: You skid on a wet road in Rijswijk-Buiten and hit a tree. Whiplash follows, with two weeks off work. Without comprehensive insurance, liability pays 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).

Cyclist falls over loose paving stone on a Municipality of Rijswijk road. Liable under Article 6:174 DCC: €3,000 hospital, €800 bike, €2,500 pain and suffering. Evidence crucial (photos). Rijswijk District Court awarded €10,000 in 2022, including lost income.

Motorcyclists in Rijswijk: fall on gravel road, compensation via own policy or ANWB.

Rights and obligations for victims in Rijswijk

Rights:

1. Medical care via Zvw.
2. Compensation if liable party (Municipality of Rijswijk).
3. Free advice from Het Juridisch Loket Rijswijk or insurer.
4. No costs for personal injury lawyers (Settlement Agreement Act).

Obligations:

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