If you are a passenger in a car involved in an accident in Rijswijk, you are in a strong legal position. You are almost always entitled to compensation, regardless of who is responsible for the accident.
Favourable position of a passenger
As a passenger, you are not responsible for the accident. You can claim your damages from:
- The driver of the car you were in
- The driver of another involved vehicle
- In case of uncertainty: both insurance companies
Where can you file a claim?
| Situation | File claim with |
|---|---|
| The other party caused the accident | WAM insurance of the other party |
| Driver of your car is at fault | WAM insurance of your own car |
| Fault is unclear | Both insurers, they will settle it between themselves |
| Single-vehicle accident (no other party) | WAM insurance of own car or SVI coverage |
Claiming damages on the own car
As a passenger, you can also recover personal injury damages from the WAM insurance of the car you were in, even if the driver is a friend or family member.
Exceptions: intent or reckless behaviour
Your claim may be rejected if you:
- Knew the driver was under the influence and got in anyway
- Urged the driver to engage in dangerous driving behaviour
- Knew the car was not being used legally
Not wearing a seatbelt?
If you were not wearing a seatbelt, the insurer may argue that you are partly at fault. However, they must prove that your injury would have been less severe with a seatbelt. Often, 25% contributory negligence is applied.
What is an SVI insurance?
An In-Vehicle Damage Insurance (SVI) provides coverage for all occupants in case of injury, regardless of who is at fault. This is especially useful in single-vehicle accidents.
What if my friend caused the accident?
You can file a claim with your friend's WAM insurer. This is not a personal accusation; the insurance handles the payment, so your friendship can remain intact.Can I claim as a passenger on a motorcycle?
Yes, the rules are similar. You can file a claim with the motorcycle's WAM insurer or the other party. An SVI provides extra protection.What if I was in a taxi or Uber?
Taxis and Uber rides are compulsorily insured. You can file a claim with the taxi's insurer. The driver or company may be liable.Frequently asked questions about personal injury in Rijswijk
What does this article cover?
This article is about personal injury compensation for passengers. Read the content for specific information about your case.
How do I apply this to my situation?
The information provides a basis, but every case is different. Contact a legal advisor in Rijswijk for tailored advice.
Where can I find more help in Rijswijk?
Visit the Juridisch Loket Rijswijk for free advice or consult a lawyer in the region via the Rechtbank Den Haag (district).
How can I get help?
Contact a lawyer or the Juridisch Loket Rijswijk. Often, an initial consultation is offered free of charge.
What are my rights in case of injury?
You are entitled to compensation for costs such as medical care, lost income, and pain and suffering if another party is liable. Prompt action strengthens your case.
Summary
This article provides insight into personal injury compensation for passengers. For personal advice, you can consult a lawyer via the Juridisch Loket Rijswijk.
Key points
- Personal injury cases differ per situation
- Legal assistance is crucial
- Prompt action is recommended
- Evidence and documentation are essential
- Organizations in Rijswijk offer support
- Your rights must be protected