Are you involved in a traffic accident as a passenger or occupant, while you yourself have done nothing wrong? Then you can be considered a blameless third party. In that situation, Bedrijfsregeling 7 plays an important role. Yet this regulation is unknown to many victims, causing them to wait unnecessarily long for compensation.
In this article we therefore explain in detail what Bedrijfsregeling 7 entails, when this regulation is applied and what this concretely means for your personal injury. Moreover, you will read what steps you can take to get your damages compensated quickly and fully.
What is Bedrijfsregeling 7?
Bedrijfsregeling 7, also known as the regulation for the blameless third party, is a mutual agreement between Dutch insurers. This regulation is intended to prevent an innocent victim from becoming the victim of a discussion between insurers about the question of guilt.
It is therefore not a statutory regulation, but a practical agreement within the insurance world. Yet Bedrijfsregeling 7 has great significance in practice for victims of traffic accidents.
Who is a blameless third party?
A blameless third party is someone who has not contributed to the occurrence of the traffic accident themselves. This often concerns:
- a passenger or occupant of a car;
- an employee being transported by a colleague or employer;
- a passenger in a company van;
- an occupant of a taxi or delivery van.
It is characteristic that the blameless third party had no influence on the driving behavior and therefore cannot be blamed.
When does Bedrijfsregeling 7 apply?
Bedrijfsregeling 7 does not apply to every traffic accident. The regulation is applied when a number of conditions are met.
For example, there must be:
- a traffic accident with at least two motor vehicles;
- a blameless third party who has suffered personal injury;
- a situation in which the question of guilt between the involved vehicles is unclear or disputed.
Precisely because the insurers disagree among themselves about liability, Bedrijfsregeling 7 offers a solution for the victim.
Why does Bedrijfsregeling 7 exist?
Without Bedrijfsregeling 7, a blameless third party would have to wait until insurers have mutually determined who is liable. That can take months or even years. In the meantime, the victim is left without compensation.
That is why insurers have agreed that one insurer will fully compensate the damages of the blameless third party in advance. The insurers then arrange among themselves who ultimately bears which costs.
This is a great advantage for the victim: you do not have to wait for a complex liability discussion.
What does Bedrijfsregeling 7 mean for you in concrete terms?
If Bedrijfsregeling 7 applies, you can turn to the WAM insurer (Motor Insurance Liability Act insurer) of one of the involved vehicles. This insurer must then fully compensate your damages.
It is important that you do not have to prove which driver is at fault for the accident. The regulation precisely protects you against those evidentiary problems.
Which damages are compensated?
Under Bedrijfsregeling 7, in principle all personal injury is eligible for compensation. This includes:
Material damages
- medical costs;
- travel expenses;
- costs for domestic help;
- home modifications;
- damage to personal property.
Loss of income
Are you temporarily or permanently unable to work? Then loss of income may arise. Also loss of earning capacity falls under this.
Smartengeld (Pain and suffering compensation)
In addition, you can claim smartengeld: a compensation for pain, sorrow and loss of joy in life. You can read more about this on our page smartengeld in personal injury.
Do you have to contact an insurer yourself?
In theory, you can contact an insurer yourself. In practice, however, we see that insurers do not always apply Bedrijfsregeling 7 spontaneously.
Therefore, it is wise to engage legal assistance. This way you prevent delay and discussion about the applicability of the regulation.
More general information about personal injury can be found on our page personal injury lawyer.
Difference with Article 185 Wegenverkeerswet (Road Traffic Act)
Bedrijfsregeling 7 is sometimes confused with the protection of vulnerable road users based on Article 185 Wegenverkeerswet (WVW). Yet these are different regulations.
Article 185 WVW mainly relates to cyclists and pedestrians. Bedrijfsregeling 7 is specifically intended for occupants and passengers who are considered a blameless third party.
Evidence and discussion with insurers
Although Bedrijfsregeling 7 protects you, insurers sometimes still try to discuss the applicability. For example, they argue that there is no question of a blameless third party.
Precisely for this reason, it is important to substantiate your case well and obtain legal advice in good time.
Frequently asked questions about Bedrijfsregeling 7
Does Bedrijfsregeling 7 apply automatically?
No. The regulation is not always applied automatically. In practice, this often has to be explicitly invoked.
Can the insurer refuse?
An insurer can take the position that the regulation does not apply. However, this does not mean that this position is correct.
How quickly will I get my damages compensated?
Precisely because Bedrijfsregeling 7 is intended to prevent delay, the damages can often be settled faster than with regular liability discussions.
Does legal assistance cost me money?
In personal injury cases, the costs of legal assistance are generally recovered from the liable insurer. As a result, you as a victim run no financial risk on balance.
Why choose Arslan Advocaten?
We have extensive experience with personal injury cases in which Bedrijfsregeling 7 plays a role. We know when this regulation applies and ensure that insurers actually apply it.
In addition, we communicate clearly, act decisively and are committed to full compensation.
More general information about traffic law can be found at the National Government (Rijksoverheid).
Do you want to know whether you are entitled to compensation as a blameless third party? Feel free to contact us for a non-binding assessment.
Read also
- Wrong medication or dosage error: what can you do?
- Driving on after a collision: What now?
- Hit as a pizza delivery driver, meal delivery driver or mail carrier: what are your rights?
