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.
- File a police report within 14 days: It is important to file a report with the police promptly. This is also a requirement for a claim with the Waarborgfonds Motorverkeer.
- 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 file a report with the police within 14 days.
- You must be able to prove that the damage was caused by a motor vehicle.
- The personal injury claim must be filed within three years of the accident.
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
If someone else is responsible for your personal injury, you are legally entitled to free legal assistance. This also applies when you make a claim to the Motor Traffic Guarantee Fund. At Arslan & Arslan Advocaten you will receive expert legal assistance without having to pay for it. We recover our costs from the liable party or through the Guarantee Fund.
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.
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 Waarborgfonds Motorverkeer provides compensation for personal injuries when the driver cannot be traced or is uninsured, provided you file a police report within 14 days and prove the damage was caused by a motor vehicle.
How long do I have to file a personal injury claim after a collision in the Netherlands?
You must file your personal injury claim within three years of the accident to be eligible for compensation through the Waarborgfonds or other insurance options.
