As a delivery driver, you are on the road every day, and the risk of a traffic accident is unfortunately higher than average. Whether you work on a moped, scooter, bicycle, or electric bicycle, traffic accidents can have serious consequences. Both physically and financially, this can have a major impact. That is why it is essential to know what your rights are after an accident at work and how you can claim compensation for your injuries.
Compensation for an Accident as a Delivery Driver
Injured while delivering in the Netherlands? Your claim may involve the other road user, your employer and an insurer. We assess each route and the evidence before advising who can be held responsible. An accident or passenger insurance policy may provide cover. Its terms and limits must be checked; insurance and legal liability are separate questions.
Has your employer not taken out insurance? Then the employer can still be held liable for the damage you have suffered while carrying out your work.
Your own mistake does not automatically defeat a claim. The result depends on your working relationship, the relevant liability rules, insurance and evidence. An insurer does not pay merely because the accident happened during working hours.
Common Injuries Among Delivery Drivers
As a delivery driver, especially when you travel on two-wheelers such as scooters or bicycles, you are at increased risk of serious injuries in an accident. Common injuries among delivery drivers include:
- Bone fractures (arm, leg, hand, foot)
- Bruised or broken ribs
- Hip fractures
- Internal injuries
- Concussion or brain injury
- Whiplash and neck complaints
- Cosmetic damage and scars
These injuries can have significant medical and financial consequences. It is therefore crucial that you are well informed about your rights and options to claim compensation.
Financial Consequences of an Accident
An accident often has not only medical consequences, but also financial consequences. Consider the following:
- Loss of income because you are temporarily unable to work
- Medical expenses such as treatments, medications, or hospital visits
- Damage to personal property such as a helmet, clothing, or a phone
- Travel expenses for medical appointments and treatments
- Pain and suffering compensation for pain, suffering, and loss of enjoyment of life
These costs can quickly add up, especially if recovery takes a long time or you sustain permanent injury. That is why it is very important to seek advice as soon as possible about claiming your compensation.
What to Do After an Accident as a Delivery Driver?
After an accident, it is important to take immediate action to protect your rights. Here are the steps you can follow:
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Have your injury medically assessed: Go to a doctor as soon as possible. This not only helps with your recovery, but the medical record is also important for determining your personal injury damages.
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Report the accident to your employer: Your employer must be informed of the accident so that an insurance claim can be filed if necessary.
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Collect evidence: Take photos of the accident scene and collect witness statements if possible.
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Seek legal advice: Consult a personal injury lawyer. At Arslan & Arslan Advocaten, we offer free legal advice and help you at every step in the process.
Is Your Employer Liable?
Employer liability depends on the legal basis and facts. Article 7:658 BW concerns safe equipment, instructions and supervision. For work traffic, Article 7:611 BW can require adequate insurance. A single-vehicle accident and a collision with another driver therefore need separate assessment.
Illustrative example: A delivery rider falls because a scooter has defective brakes. Maintenance records, earlier fault reports and instructions help establish whether the employer breached its duty of care. This is an example, not a claim about an identified court ruling.
Rights with a zero-hours contract or as a self-employed (ZZP) worker
A zero-hours contract, agency contract or freelance label does not decide the claim by itself. Establish the actual employment relationship and responsibility for safety. Article 7:658(4) BW may protect some people working without an employment contract; it does not give every contractor an automatic right to compensation.
In the Deliveroo judgment of 24 March 2023, the Dutch Supreme Court upheld the finding that those riders had employment contracts. All circumstances of that working relationship mattered. The judgment does not make every delivery rider an employee or automatically establish liability for an accident.
The employer’s insurance duty for work traffic
Article 7:611 BW can require adequate insurance for employees who drive a motor vehicle for work. It also covers certain cycling and pedestrian accidents, including a single-bicycle accident. It does not cover every fall on the street: a pedestrian’s single-person fall is not automatically included. Ordinary commuting is generally different from a delivery round or a journey between work locations.
If the employer failed to arrange adequate insurance, the claim concerns the loss that proper insurance would have covered. Ask for the policy, insured vehicle types and rejection letter. A genuinely self-employed courier does not automatically have the same protection; assess the actual working relationship and any contractual insurance arrangements.
See the Rotterdam delivery-rider judgment and the Supreme Court’s explanation of Deliveroo.
When Is the Employer Not Liable?
There are a few exceptions in which the employer cannot be held liable:
- If the accident was caused by willful recklessness or intent on your part.
- If the accident occurred during commuting, unless there are exceptional circumstances.
Injury, employment and medical expertise
Arslan Advocaten brings together lawyers, legal advisers and NIVRE registered experts. Onur Arslan is a NIVRE registered personal injury expert and has completed the Grotius/LSA specialist programme in personal injury law. Our employment lawyers can assess wages, return to work and dismissal alongside the compensation claim.
Where needed, we work with MEDICA Medisch Advies to assess medical information and consequences, after agreeing the instruction, costs and necessary consent. The medical adviser does not replace your treating doctor or occupational physician. Share medical records through the agreed secure route.
Discuss your accident with Arslan Advocaten
Legal help and costs agreed in advance
The first conversation is free and without obligation. Where another party is liable, we seek recovery of reasonable legal costs from that party. If that route is unavailable, we assess eligibility for subsidised legal aid (toevoeging), followed by no cure no pay where the case qualifies. We never charge you costs without discussing them with you and obtaining your agreement in advance. Read more about personal injury cases.
Frequently Asked Questions
Am I eligible for compensation if I get injured while working as a delivery driver?
You may have a claim against the other road user, your employer or an insurer. We assess the accident, working relationship, safety measures and insurance. Your own mistake does not automatically rule out compensation, but there is no automatic right to payment.
What types of injuries are common among delivery drivers, and how can they affect me?
Common injuries include broken bones, concussions, whiplash, and internal injuries, which can lead to significant medical expenses and loss of income. Being aware of these risks can help you understand your rights to compensation after an accident.
What steps should I take immediately after a delivery accident?
You should seek medical assessment right away and report the accident to your employer. Collecting medical records and accident details is crucial for supporting your claim for damages.
If my employer doesn’t have insurance, can I still claim compensation for my injuries?
Yes, even if your employer has not taken out insurance, they can still be held liable for your damages. It’s advisable to consult a legal professional to explore your options for compensation.
