If the other party drives off after a collision, you can still claim. Report it to the police, note the vehicle and any witnesses, and contact the Dutch Motor Traffic Guarantee Fund (Waarborgfonds Motorverkeer) if the driver stays unknown. Liability follows Article 185 of the Dutch Road Traffic Act (WVW) and Article 6:162 of the Civil Code.
For additional general information, see Victim Support Netherlands information for victims.
A collision is unpleasant enough, especially if you sustain injuries. But if the person who caused the accident also drives off without identifying themselves, an extra complication arises. Who is then responsible for your compensation? Fortunately, there are various options to recover your personal injury damages. In this article, we explain which steps you can take when the other party drives off after a collision.
What to do when someone drives off after a collision: Step-by-step plan
Whether you are dealing with a known or unknown other party, it is important to take action immediately. We give you a few tips that will come in handy when the person who caused the collision drives off:
- Call the police at the scene: The police can start an investigation and draw up a police report.
- Collect witness statements: Ask for the contact details of any witnesses who saw the accident.
- Report promptly and document your search: if you saw the vehicle but do not have its registration number, report to the police immediately and in any event within 48 hours. In other cases the Guarantee Fund requires action within a maximum of 14 days. See the official guidance.
- Request the police report: This document helps determine liability.
- Hire a personal injury lawyer: A specialized lawyer can claim personal injury compensation on your behalf.
License plate known? Recover Your Personal Injury Compensation
When you have been able to identify the license plate of the hit-and-run car, for example through witnesses, the insurer of the other party can be held liable. Your personal injury lawyer will draft the letter of liability on your behalf and claim compensation.
Driver unknown? Your options
Is the driver unknown, for example because they drove off before you could note the license plate? Even then, there are ways to recover your personal injury damages. In these cases, you may be able to claim:
- Your SVI insurance (Injury Insurance for Occupants): This insurance compensates your personal injury damages, regardless of who is at fault for the accident.
- The Waarborgfonds Motorverkeer: This fund compensates personal injury damages if the perpetrator is unknown or turns out to be uninsured.
What is the Waarborgfonds Motorverkeer?
In the Netherlands, all motor vehicles are required to be insured under the Motor Vehicle Liability Insurance Act (WAM). But what happens if the person who caused the collision is uninsured, cannot be found, or was driving a stolen vehicle? In that case, you can make a claim with the Waarborgfonds Motorverkeer, which compensates the damage when the other party cannot be traced.
Conditions for the Waarborgfonds:
- You must act promptly to identify the unknown driver: the 48-hour or 14-day requirements explained above depend on the situation.
- You must be able to prove that the damage was caused by a motor vehicle.
- Have the limitation period for your particular claim assessed and preserved separately from the short search-action requirements.
SVI insurance: Additional Coverage
In addition to liability insurance, the SVI insurance (Occupant Injury Insurance) a voluntary insurance that compensates personal injury, regardless of fault. If the party who caused the collision drives off and you have SVI insurance, you can claim compensation for your injuries through this insurance. Only vehicle damage is not covered by the SVI.
How can a personal injury lawyer help you?
In a collision where the other party drives off, it is wise to hire a personal injury lawyer. This is what a lawyer can do for you:
- Request the police report.
- File a personal injury claim in time with the Guarantee Fund or SVI insurance.
- Ensure that you receive an advance on your compensation.
- Determine the amount of your personal injury and pain and suffering.
- Negotiate with the insurer or the Guarantee Fund to ensure your damages are fully compensated.
Free Legal Assistance After a Hit-and-Run
Your initial consultation is free and without obligation. For personal injury claims, we seek recovery of reasonable legal costs from the liable party or their insurer. If that route is unavailable, we first assess eligibility for subsidised legal aid (toevoeging). Otherwise, we discuss whether no cure no pay is appropriate within the applicable rules. Arslan Advocaten will never charge you costs without prior discussion and your approval. Medical assessments and any court proceedings are also discussed in advance.
File a personal injury claim?
Have you been the victim of a collision where the at-fault driver drove off? Or is the vehicle that you collided with uninsured? Then contact Arslan & Arslan Advocaten. We help you obtain full compensation for your personal injury and support you throughout the entire process. Our attorneys specialize in recovering personal injury compensation
and ensure that you get what you are entitled to.
Keep evidence of the search for the driver
Record when and where the collision happened, what you saw of the vehicle, and which witnesses may help. Keep the police reference and dated requests for camera footage. Separate facts you observed from assumptions about the driver. This helps assess both the collision and your attempts to identify the liable party. The Dutch Guarantee Fund applies its own eligibility and evidence requirements.
Frequently Asked Questions
What should I do immediately after a hit-and-run accident?
You should call the police to report the incident, collect witness statements, and ask for the police report. Hiring a personal injury lawyer can also help you with the next steps to recover damages.
What options do I have if I cannot identify the driver who caused the accident?
If the driver is unknown, you can claim compensation through your SVI insurance or the Waarborgfonds Motorverkeer, which covers damages when the responsible party cannot be identified or is uninsured.
How does the Waarborgfonds Motorverkeer work if the at-fault driver is uninsured or unknown?
The Dutch Guarantee Fund may compensate damage caused by an unknown or uninsured motor vehicle, subject to its conditions. You must substantiate liability and the damage. For an unknown driver, act immediately: if the vehicle was seen but its registration is unknown, the Fund specifies a police report within 48 hours; in other situations it specifies action within a maximum of 14 days.
How long do I have to file a personal injury claim after a collision in the Netherlands?
Different claims can have different limitation periods. A claim against the liable person, a direct claim against a motor insurer or Guarantee Fund, and a claim under your own policy must be assessed separately. The Fund’s short requirements for searching for an unknown driver are separate from these limitation periods. Seek advice promptly and have each claim preserved in time.
