A traffic accident abroad can be complicated. Which laws apply? How do you file a claim from another country? Fortunately, there are specific rules that simplify this process.
Within the European Union
If an accident occurs within an EU country, there are clear guidelines:
- Each EU country has its own green card office.
- You can file a claim in the Netherlands via a local claims adjuster.
- Usually, the law of the country where the accident took place applies.
EU Motor Insurance Directive (4th)
This directive provides the possibility to file a claim in your own country:
- Foreign insurers have a representative in the Netherlands.
- Claims can be filed via this Dutch representative.
- Communication can take place in Dutch as usual.
Which Law Applies?
| Subject | 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 may receive much more than in the Netherlands.
Steps Immediately After an Accident Abroad
- Contact the local emergency services (112 works EU-wide).
- Fill out the European accident report as completely as possible.
- Take clear photos of the scene.
- Collect details of the other party and any witnesses.
- Request an official police report.
- Notify your own insurance company as soon as possible.
Outside the EU
An accident outside the EU often brings more complications:
- Check if your green card is valid in that specific country.
- The local law of that country generally applies.
- It may be necessary to file a claim on site.
- Consider engaging an expert in international personal injury law.
Can I start 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 of the accident still applies.What if the foreign insurer does not respond?
You can file a complaint with the national office of that country or seek assistance from the Nederlands Bureau der Motorrijtuigverzekeraars for mediation.Is my Dutch legal expenses insurance also recognised abroad?
This varies per policy. Some insurances offer limited coverage outside the Netherlands. Check your policy conditions or contact your insurer.Frequently Asked Questions
What does this article cover?
This article deals with a crucial aspect of personal injury claims. Read the content carefully for specific details about your situation.
How can I use this information for my case?
The information provides general guidelines, but every case is different. Contact a legal expert for tailored advice.
Where can I find additional information?
Other articles on this platform provide more details. You can also consult a lawyer or legal aid organisation in Rijswijk.
How can I get help in Rijswijk?
Contact the Juridisch Loket Rijswijk or a local lawyer. Many organisations offer a free initial consultation.
What are my rights as a victim?
If someone is liable, you are entitled to compensation for 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 tailored advice, consult a lawyer or contact the Juridisch Loket Rijswijk.
Key Points
- Every personal injury case is different.
- Legal assistance is often necessary.
- Prompt action can increase your chances.
- Good documentation is essential.
- Organisations such as the Juridisch Loket Rijswijk can help.
- Your rights must be protected.