A tooth broken in an accident can cause immediate pain, treatment costs and uncertainty about your appearance. Sometimes it only becomes clear later whether a tooth can be saved and what further treatment is needed. If someone else is liable for the accident, you can recover the resulting dental damage from them. Future dental costs and compensation for pain and suffering (smartengeld) may also be relevant.
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of specialist areas for employment law and personal injury. Last updated: 17 September 2026.
The bill for the first emergency treatment is therefore not always the end of the damage. A temporary solution may have to be replaced later, and in the case of a child the further development of the teeth needs particular attention. A sound personal injury settlement brings together how the accident happened, the treatment plan and the financial consequences. Here you can read how to prepare for that assessment.
In brief
- Dental damage caused by an accident can be recovered from the liable party; your health insurance often covers only part of it.
- It is not just the emergency treatment that counts: crowns, implants and future replacement are part of the damage.
- For a child, definitive treatment may take place years later; take that into account before you sign anything.
- Damage caused by an accident is something different from a medical error by your dentist: that calls for a different assessment.
- Ask for a dental cost estimate with a treatment plan, and for major expenses ask in advance for an advance payment.
First get dental care, then record the damage
If a tooth has broken off, come loose or been knocked out, it is important to see a dentist or appropriate emergency care in good time. The right treatment depends on the injury and, among other things, on whether it is a baby tooth or a permanent tooth. Leave medical procedures and instructions on storing or reinserting a tooth to a healthcare provider; this article is no substitute for emergency advice.
Ask the dentist to record the findings and the likely connection with the accident in the file. Keep the report, the cost estimate and the invoices. Photographs taken in a safe and respectful way can provide additional support, but they are no substitute for a professional examination.
Also write down the time of the accident and of the first treatment. Which tooth was hit, what happened and which symptoms were present straight away? If, in addition to dental damage, there is also jaw, head or other injury, that must be medically assessed separately and included in the inventory of the damage.
Who is liable for a broken tooth
Dental damage can result from a collision, a fall, an accident at work, violence or a sports incident. The legal basis differs from one situation to another. In the case of a traffic error, the person who caused it can be held liable; in the case of an unsafe workplace, the employer may be responsible. During sport, not every collision is unlawful.
Evidence of how the accident happened remains essential. Keep the accident report form, photographs of the situation and details of witnesses. In the case of assault, a police report and information from the criminal file may be relevant. After an accident at school, it must be examined whether, for example, supervision or the way the activity was organised fell short. The injury alone does not prove liability.
If the damage arose during dental treatment, that is a different question. A disappointing treatment result does not automatically mean that the dentist made a mistake. For medical liability, it must be examined whether the care met the applicable professional standard and whether a shortcoming caused the damage.
Health insurance and the liable party’s insurer
Your health or dental insurance and the insurer of the liable party play different roles. Your own insurer assesses the treatment under the policy and the applicable healthcare system. The liability claim concerns the damage that can legally be attributed to the accident.
First ask for an overview of what your own insurer covers and what amount you have to pay yourself. Partial reimbursement may mean that a remaining amount has to be included in the personal injury claim. The same amount may not be paid out twice as your own damage. That is why you should keep both the invoice and the statement of reimbursement.
A policy limit is not automatically the upper limit for the liable party. If necessary and reasonable treatment costs are higher, the remaining amount may still be eligible for assessment. Conversely, a treatment you would like is not automatically recoverable simply because your supplementary insurance does not pay for it.
The treatment plan determines which costs come into view
With dental damage, a written treatment plan is often important. It can state which teeth have been damaged, what treatment is needed now, what alternatives exist and what prognosis is expected. Ask for a cost estimate in which the different components are clearly identifiable.
Emergency treatment, root canal treatment, a crown, a bridge or an implant each have their own purpose and considerations. Which solution is medically suitable is decided by the dentist together with you. For the damage claim, it must be explained why the chosen treatment is reasonable in connection with the accident. It is not about an optional improvement of a pre-existing dental problem.
Where a plan is extensive or disputed, independent dental advice may be needed. This makes it possible to assess which damage was caused by the incident and which treatment fits it. Make sure that the adviser has the relevant old and new dental records; a current photograph alone may give an incomplete picture.
Crowns, implants and later replacement
A permanent restoration may require maintenance or replacement. Whether and when that can be expected depends on the treatment and the individual situation. Do not adopt a fixed lifespan from a general website as if it applied to everyone. Ask the treating dentist about the expected development and the uncertainties.
For future damage, items such as follow-up check-ups, necessary replacement and related treatments can be examined. It must be plausible that these costs are connected with the accident. It must also be clear which part is expected to be reimbursed elsewhere and which part remains as your own damage.
A final settlement that pays only for the first crown may be incomplete if later costs are foreseeable. Sometimes those costs can be estimated; sometimes an appropriate reservation is needed. Discuss the options before you grant full and final discharge. A later bill does not automatically give rise to a new claim if the case has been fully closed.
Dental damage in children
For a child, the future development of the teeth deserves attention. Temporary treatment may be needed until another solution becomes suitable. The dentist must explain what can be done now and what follow-up steps are possible. It is precisely that timeline that matters for the legal settlement.
Record whether it is a baby tooth or a permanent tooth and what information about later consequences is available. A personal injury claim should not be closed without investigation on the basis of the first invoice when future treatment is still uncertain. Nor should every conceivable dental problem be attributed to the accident without a medical basis.
When settling a claim for a minor, representation and possibly the approval of the subdistrict court judge (kantonrechter) also play a role. Sometimes arrangements are made about the management of a payment, for example through an account with a BEM clause. Which steps are needed depends on the specific legal act and the situation. Have this assessed in advance.
Compensation for pain and suffering for visible dental damage
Compensation for pain and suffering may relate to pain, the burden of treatment, embarrassment and limitations in daily life. Visible damage to front teeth may be experienced differently from a problem that is barely visible. The assessment remains individual and is not based on a fixed price per tooth.
Describe consequences such as difficulty eating, speaking or laughing, or avoiding social contact. If psychological symptoms develop, discuss them with an appropriate healthcare provider. The medical file can support which consequences actually play a role. Not every insecurity about your appearance is a separate diagnosis, but the impact you experience can form part of the assessment of non-pecuniary loss.
The duration of a temporary restoration and the number of treatments may also be significant. A comparison with court decisions requires attention to those facts. A total amount covering several injuries cannot simply be used as the amount for a broken tooth alone.
Time off work and other costs besides the dental bill
Dental appointments can cost working hours. Whether this leads to loss of income depends on whether your salary continues to be paid and on your work situation. An employee who is paid in full does not have the same loss of income as a self-employed person who has to cancel a paid assignment. Substantiate the actual financial difference.
Travel costs to necessary treatment and reasonable additional costs may also be relevant. Keep a record of appointments and journeys. If a parent had to accompany a child, explain why that was necessary and which costs were involved. Lost time cannot in every situation simply be recovered at an hourly rate.
If other personal injury has also occurred, for example jaw or head injury, make sure there is one coherent overview. This prevents costs from being claimed twice or getting lost between different partial treatments. The dental damage can form a separate component within a wider personal injury case.
What if your teeth were not perfect before the accident
An existing filling, crown or dental problem may be relevant to the comparison of the damage. The question is what difference the accident made. Perhaps replacement would have been needed soon anyway, or perhaps an old restoration was in fact still functioning well. Your dental history helps to assess that.
A liable party does not simply have to pay for a complete improvement of your teeth that is unrelated to the accident. At the same time, an older restoration does not mean that damage to it is not a loss. The condition, age, treatment and reasonable options for repair must be looked at carefully.
So provide relevant old photographs, treatment plans and details of earlier costs. Ask for an explanation of any deduction for an alleged benefit instead of accepting it automatically. The legal assessment of benefit and damage depends on the circumstances, not on a standard depreciation applied without explanation.
Fictional example of a damaged front tooth
A cyclist is hit by a car and damages a front tooth. The dentist first fits a temporary restoration and later draws up a definitive treatment plan. The motor insurer accepts liability. This is a fictional example to explain how the damage is built up, not a client story.
The file brings together the emergency costs, personal contributions and journeys. In addition, it is examined whether the definitive treatment will need replacement later and which costs are plausible in that respect. An amount offered for the first bill only is therefore not automatically regarded as a full settlement.
For compensation for pain and suffering, the pain, the duration of treatment and the visible consequences are described. Any time off work is substantiated financially. This produces a coherent claim that distinguishes between the costs of repair, other financial loss and non-pecuniary consequences. The example does not give a standard amount for a damaged front tooth.
An advance payment for necessary treatment
A high dental cost estimate can be difficult to pay up front. When liability and necessity are sufficiently clear, you can ask for an advance payment. Send the treatment plan, the cost estimate and the overview of reimbursements from your own insurance with the request. State when payment is needed for the treatment.
If the request is refused, ask for the specific reason. Is the connection with the accident disputed, is the treatment considered too extensive, or is information about cover missing? The solution depends on that answer. Independent advice can sometimes help more than repeatedly asking for the same amount.
Check that the advance is provided as an interim payment. Do not sign a statement of full settlement while future dental consequences have not yet been examined. The description of the payment and the content of the agreements must be consistent with each other.
File checklist for dental damage
Gather the information as coherently as possible. A treating dentist describes the medical necessity; your own records show which amounts you bear. Together, that information makes a stronger file than loose invoices without explanation.
- Evidence of the accident, such as an accident report form or a witness statement.
- The first dental report and relevant follow-up letters.
- Old dental records insofar as they are needed for the comparison.
- A treatment plan with a cost estimate and expected next steps.
- Invoices, proof of payment and statements from insurers.
- Information about appointments, transport, time off work and the consequences in daily life.
Note which components are still uncertain. A treatment plan may be adjusted, and that is not necessarily a problem. It is important, however, that changes are explained and that a final settlement is not based on an outdated plan.
Making a dental cost estimate understandable
A treatment estimate often contains technical descriptions and various components. Ask your dentist to explain which procedures are directly connected with the accident, which treatment is necessary now and which steps can only be assessed later. A cost overview is more useful when the medical reason and the planning are stated alongside it.
Distinguish between repair of accident damage and other dental wishes. If you have existing problems treated at the same time, those components must remain identifiable. This prevents the entire estimate from being disputed because accident-related and other care are mixed up. An earlier dental status can help to establish the difference.
Also check what the estimate does not include. Are additional examinations, temporary restorations or check-ups listed separately? Are the amounts indicative, and how long does the proposal remain valid? Ask for a revised estimate when the treatment plan changes. Do not just forward the first quotation if other choices have been made in the meantime.
For a minor, a definitive solution may not yet be an option. In that case, have it recorded which temporary treatment is expected and which decisions will have to be taken again later. A reservation for future costs must reflect that uncertainty. It is not enough simply to write that ‘the tooth may have to be replaced later’ without describing the relevant treatment and circumstances.
Finally, keep claims and reimbursement statements together. That way, for each procedure it is clear what has been paid, which part has been reimbursed elsewhere and which of your own costs are still being claimed in the personal injury claim.
The legal basis for dental damage
Which rules apply depends on the cause of the damage:
- Article 6:162 of the Dutch Civil Code (BW) the legal basis in the case of a collision, a fall caused by a dangerous situation, a sports incident or violence.
- Article 185 of the Road Traffic Act (WVW) a separate regime for road traffic accidents, but with clear limits. It applies only if a motor vehicle being driven on the road was involved in the accident, and it protects only persons and property not being carried by that motor vehicle. The owner or keeper must then compensate the damage, unless it is plausible that the accident was due to force majeure. Paragraph 3 excludes three situations: damage to animals roaming free, damage to another motor vehicle in motion, and damage to persons and property carried by it. In a collision between two cars, or if you were yourself a passenger in the car that caused the accident, this article therefore offers you nothing; the claim then proceeds under Article 6:162 of the Dutch Civil Code. An accident in a car park or on an industrial estate that is not a road within the meaning of the Act also falls outside it. Paragraph 4 makes clear that other legal bases continue to exist alongside this article.
- Article 6:96 of the Dutch Civil Code compensation for treatment costs, the compulsory excess, personal contributions and travel costs, plus reasonable costs of extrajudicial legal assistance.
- Article 6:105 of the Dutch Civil Code makes it possible to assess future damage now, for example the replacement of a crown or implant. The lifespan used in the calculation is not a fixed standard: it follows from your dentist’s treatment plan and the chosen restoration. Periods such as fifteen or twenty years appear in sample calculations, but they are an individual assumption that you must have substantiated (not a general starting point).
- Article 6:106 of the Dutch Civil Code compensation for pain and suffering, among other things for pain, treatments and visible damage to the face.
- Article 6:107 of the Dutch Civil Code costs that parents or a partner incur for the injured person and that the injured person could have claimed themselves.
- Article 6:169 of the Dutch Civil Code if a child under the age of fourteen caused the damage, the parents or guardian are liable; between fourteen and sixteen, liability applies unless the parents show they could not be blamed. See also personal injury involving minors.
The articles have been checked on wetten.overheid.nl. For children, moreover, a settlement on behalf of a minor requires additional safeguards.
Cost overview: what is left for the claim?
With dental damage, people often look only at the first bill. This overview shows where the real damage lies: in the remainder after insurance and in replacement over the years. The amounts are a fictional sample calculation.
| Treatment | When | Costs | Insurance reimbursement | Remainder = your damage |
|---|---|---|---|---|
| Emergency treatment and X-ray | Day of the accident | €180 | €0 (no dental insurance) | €180 |
| Root canal treatment | Week 2 | €420 | €0 | €420 |
| Temporary crown | Week 3 | €250 | €0 | €250 |
| Definitive crown | Month 4 | €850 | €0 | €850 |
| Travel costs (6 visits) | Year 1 | €95 | Not applicable | €95 |
| Check-ups and maintenance | Annually | €60 per year | Partly, with supplementary insurance | Remainder per year |
| Replacement of the crown | According to the dentist’s treatment plan | €850 each time (current prices) | Depends on the policy at that time | Present value of the future replacements |
| Damage in year 1 | €1,795 | |||
Frequently asked questions about dental damage
Who pays my dentist if someone else caused the accident?
If there is liability, necessary and reasonable accident-related costs can be recovered. Also check the reimbursement from your own insurance. Only the remaining amount you bear yourself is claimed as your damage; double compensation is not the intention.
Will I receive compensation for pain and suffering for a broken tooth?
That is possible in the case of physical injury for which someone else is liable. The amount depends on factors such as pain, visibility, the duration of treatment and permanent consequences. There is no universal amount per broken tooth.
Do I need to have expensive treatment approved in advance?
For the claim, it is sensible to coordinate in advance where possible. That way, necessity and the cost estimate are discussed at an early stage. However, necessary emergency care must not be postponed because of a legal discussion. Follow the instructions of your healthcare providers on that.
What if my child can only receive definitive treatment later?
Have the dentist describe the expected stages and uncertainties. The settlement of the claim must reflect them. A settlement can include future costs or contain appropriate arrangements, but it must also comply with the rules on representing a minor.
Is damage after dental treatment the same as accident damage?
No. In the case of a possible treatment error, it must be examined whether the dentist met the professional standard and whether a shortcoming caused damage. An unwanted result does not automatically prove that. The legal and medical assessment differs from that of a traffic claim.
Can I still claim costs after full and final discharge?
That is often difficult and depends on the agreement and any exceptions. Do not assume that new invoices can always be submitted again. Have future dental costs assessed before you sign a final settlement.
My health insurance reimburses part of the costs; what is left for the claim?
What you pay yourself or will have to pay in the future may be your damage: the compulsory excess, personal contributions, uninsured treatments and future replacement. Bear in mind, however, the three conditions that also apply elsewhere in this article: the treatment must be necessary, the costs must be reasonable, and there must be a causal link with the accident. An expense is therefore not recoverable simply because you paid it yourself; if, for example, you opt for a more expensive aesthetic solution than is medically indicated, the extra cost is usually not recoverable. What the health insurer reimburses, it can recover itself. Keep statements of your claims so that double counting is avoided.
How far in advance should I have future dental costs estimated?
Preferably before a final settlement. Ask your dentist or implantologist for a written prognosis: which restoration, expected lifespan, costs of replacement and maintenance. Without that substantiation, future damage can hardly be claimed later after full and final discharge.
My child has lost a permanent tooth; what now?
Have it recorded that it concerns a permanent tooth and which temporary restoration is appropriate now. Definitive implants are usually placed only once growth has finished. Arrange for the case to remain open on that point or for the future costs to be expressly included, and have a settlement on behalf of your child recorded carefully.
Discuss your dental damage with Arslan Advocaten
Has a tooth been damaged in an accident and are you unsure whether all current and future costs have been included? Arslan Advocaten can discuss liability, the treatment plan and the proposed compensation with you. Bring the statements from your own insurer as well, so that the remaining damage is clear.
Read more about personal injury or contact us for an assessment of your situation.
Related articles
- Child injured at school or in childcare
- Scars after an accident
- Medical error by a dentist or oral surgeon
- Personal injury involving minors
- An advance payment on your compensation
- Road traffic accident: who is liable
- Full and final discharge: do not sign too quickly
