Have you sustained injuries in a car accident in Rijswijk? You can claim the damages from the responsible party via their WAM insurance. The handling follows specific traffic rules.
Liability in a Car Accident
The driver who caused the accident is generally liable. In case of uncertainty about fault, the following is considered:
- Traffic violations: who ignored a red light or failed to yield?
- Statements from eyewitnesses
- Police report and official record
- Damage to the vehicles
- Footage from dashcams, if available
WAM Insurance and Claims
In the Netherlands, every car must have WAM insurance. After an accident:
- You can directly file a claim with the counterparty's WAM insurer
- This process is called the 'direct action'
- It is not necessary to first approach the driver themselves
Types of Damage Compensation
In case of injury from a traffic accident in Rijswijk, you can claim various damage items:
| Type of Damage | Examples |
|---|---|
| Medical expenses | Deductible, therapies, medication |
| Loss of income | Missing work, impact on career |
| Travel costs | Visits to hospital or specialists |
| Domestic assistance | If you temporarily cannot clean or cook yourself |
| Pain and suffering | Compensation for pain and reduced enjoyment of life |
| Material damage | Damaged property such as clothing or electronics |
Steps Immediately After an Accident
- Ensure safety: park the car to the side and use a warning triangle
- Call 112 if there are injured parties
- Exchange details with the counterparty (name, license plate, insurance info)
- Take photos of the damage and the accident location
- Collect contact details of any witnesses
- Fill out the European accident report together
- Visit a doctor, even for minor complaints
Whiplash After an Accident
Whiplash is a common complaint after a car accident, especially in a rear-end collision. Consult our specific article on whiplash for more information.
What to do if the at-fault party fled the scene?
If the causer does not stop after the accident, you can claim from the Motor Vehicle Guarantee Fund. This fund provides compensation if the counterparty is unknown or uninsured.What if I am partly responsible?
In case of shared fault, your compensation is reduced based on your share of the blame. As a cyclist or pedestrian, you receive at least half of the damage compensation thanks to the 50% rule.Is it necessary to involve the police?
Reporting to the police is mandatory in case of injury. In case of purely material damage, it is not necessary, but advisable if the circumstances are unclear.Frequently Asked Questions about Personal Injury in Rijswijk
How long does it take to receive compensation?
The handling can take 6 to 12 months. First, liability is determined, followed by a medical evaluation. In complicated cases or disputes over fault, this can take longer. Ensure complete documentation (such as medical records and receipts) to avoid delays. You can also request an advance payment from the insurer for urgent expenses.
What if the insurer rejects my claim?
Request a written explanation of the rejection. Check if all evidence (such as police reports and doctor's statements) has been submitted. In case of an unjust rejection, you can object or seek legal assistance. A personal injury lawyer in Rijswijk can help with negotiations or litigation. Often, these costs are reimbursed by the counterparty in case of success.
Can I negotiate with the insurer myself or do I need a lawyer?
For minor injuries and clear liability, you can contact them yourself. For serious injuries or uncertainty about liability, a lawyer is recommended. They know how to claim higher amounts for pain and suffering. Many lawyers in Rijswijk work on a no-win-no-fee basis, so you run no risk with a failed claim.
How is pain and suffering determined?
Pain and suffering depends on the severity of the injury, recovery time, and impact on your life. Guidelines such as the Pain and Suffering Guide provide indications per type of injury. In case of permanent damage or psychological complaints, the amount can be higher. An expert in Rijswijk can help you claim an appropriate compensation.
What if there were no witnesses at the accident?
Witnesses are helpful but not essential. Other evidence such as police reports, damage photos, dashcam footage, or an accident report can also help. A traffic expert can reconstruct the situation if unclear. Always obtain a medical statement to link the injury to the accident.
Can I file a claim if I only felt pain later?
Yes, injuries can sometimes only become apparent after hours or days. Visit a doctor as soon as possible to have the complaints documented and to prove the connection to the accident. This is crucial for a successful claim.
Contact and Assistance in Rijswijk
For legal support, you can go to the Juridisch Loket Rijswijk. Additionally, cases often fall under the District Court of The Hague, the district covering Rijswijk. Engage a specialist for tailored advice.