Personal injury insurance can raise important questions about your position, the information you need and the practical steps to consider after an accident or injury.
Personal injury insurance: practical first steps
First, keep relevant documents and note important dates. Next, write down questions about personal injury insurance. In addition, consider obtaining timely legal advice that fits your particular circumstances, so that you can make informed choices about the next steps.
For additional general information, see Victim Support Netherlands information for victims.
Everything you need to know about occupant damage insurance and personal injury
A road accident can have serious consequences, particularly where you were responsible for it yourself. In those cases compensation can be hard to obtain, because there is often no other party to hold liable. This is where occupant damage insurance (SVI) comes in. This article explains what an SVI is, what it covers, and how to claim.
What is an SVI policy?
SVI stands for Schade Inzittenden Verzekering. It covers both the driver and the passengers of a motor vehicle for injury caused by a road accident. That is particularly useful in single-vehicle accidents, or where the driver is at fault, because in those situations there is no other liable party.
An SVI covers only the letselschade and not damage to the vehicle. For that you need allrisk-verzekering. An SVI is not compulsory, unlike WA-verzekering (Wettelijke Aansprakelijkheidsverzekering), but it can be taken out for a relatively low premium.
What does an SVI cover?
An SVI covers a broad range of heads of loss in an injury claim, including:
- Medische kosten zoals ziekenhuisbehandelingen, revalidatie, en therapieën.
- Eigen bijdragen en eigen risico under your health insurance.
- Loss of income through temporary or permanent incapacity for work.
- Costs of domestic help where your injury means you can no longer do those tasks.
- Reiskosten for medical appointments and treatment.
- Smartengeld for emotional harm, pain and distress caused by the accident.
Belangrijk: An SVI compensates the injury of both the driver and the passengers, regardless of who was at fault.
Verschil tussen SVI- en OIV-verzekering
SVI and OIV policies are often confused (Ongevallen Inzittenden Verzekering). The difference matters:
- SVI-verzekering: Compensates the loss actually suffered by driver and passengers, which can include medical costs, loss of income and compensation for pain and suffering.
- OIV-verzekering: An sommenverzekering that pays a fixed sum on permanent disability or death, regardless of the actual loss. The amount depends on the degree of disability and the sum insured.
Voorbeeld:
Suppose you suffer whiplash in an accident. Under an SVI you are compensated for your medical costs, loss of income and pain and suffering — say €25,000. Under an OIV you may receive only a percentage of the sum insured, depending on the degree of permanent disability.
What is the difference between financial and non-material compensation?
If you are injured in a road accident you may encounter different kinds of compensation. In practice a distinction is drawn between:
- Materiële schadevergoeding: All costs you can actually put a figure on: medical costs, lost income, travel costs or adaptations at home.
- Immateriële schadevergoeding: Also called smartengeld. This covers pain, distress and loss of quality of life after the accident — harm that cannot be expressed in exact figures but that can weigh heavily.
It is worth knowing that an SVI normally covers both, so that you are not only compensated for the direct financial consequences but also for the emotional harm and disruption.
Estimating your own loss after an accident
After an accident you naturally want to know quickly what you are entitled to. You can make your own estimate of your loss, which gives you a clearer picture before you submit a formal claim.
How do you make the estimate?
It starts with gathering all the relevant information about your situation, such as:
- The medical costs incurred (hospital bills, medication, rehabilitation)
- Any contributions or policy excess you paid yourself
- Loss of income through temporary or permanent incapacity
- Costs of help at home or adaptations you needed
- Travel costs for medical appointments
- Emotionele schade, oftewel smartengeld
Independent organisations such as Victim Support Netherlands (Slachtofferhulp Nederland) offer free calculators that give a quick indication. Bear in mind that such a tool gives only a rough estimate; the exact amount always depends on your personal circumstances.
Keep every receipt, document and piece of evidence. That makes it far easier to set out your heads of loss for the insurer later.
Why are SVI policies hard to understand without legal help?
SVI policies can be distinctly opaque. The small print, the many exceptions and the complex legal wording make it hard to work out exactly what you are entitled to. Insurers such as Achmea, Interpolis and Allianz draft their conditions in legal language that is not always clear to the average motorist.
Insurers also apply different levels of cover, exclusions and maximum payouts, which makes it hard to tell which heads of loss are covered and which are not. If you cannot see the wood for the trees, you are far from alone.
An experienced personal injury specialist works with these policies every day and knows exactly what to look for. That stops you overlooking important entitlements. And the costs of that legal assistance are usually borne by the insurer, so you can get help without added worry.
Why are the details of an SVI so often unknown?
Many motorists do not know exactly what their SVI says. Partly that is because policy conditions are long and complicated documents that nobody reads for pleasure — something people put off until something actually happens.
There are also countless products on the market, each with its own conditions, exclusions and small print, which makes comparing and understanding the cover genuinely complicated. Most people simply trust that their insurance will sort things out after an accident, without looking into what is actually covered where the injury was their own fault.
In short, this comes down to a combination of complex conditions and a very human tendency to put insurance matters off. Yet in an injury case it can be well worth reading those conditions properly.
When can you claim under an SVI?
You can claim under your SVI in the following situations:
- In a single-vehicle accident: for example because of ice, a blowout, or swerving to avoid an animal.
- Where you caused the accident yourself: for example by failing to give way, or a rear-end collision.
- Where the other party does not accept liability: for example after an accident abroad, or where fault is unclear.
Legal help at no cost to you
If you have been in a road accident, we recommend getting legal help with your claim. A personal injury lawyer makes sure nothing is left out of it. The costs of legal assistance can usually be recovered from the insurer, so in most cases this help costs you nothing.
At Arslan Advocaten we are glad to help you submit your claim to the SVI insurer. We make sure it is handled properly and that you receive what you are entitled to.
How does claiming under an SVI work?
When you claim under your own SVI, bear in mind that the insurer becomes your opposing party: they are the ones who have to pay. Submitting the claim is not very different from an ordinary injury claim, but there are a few things to keep in mind:
- Bewijslast: You remain responsible for producing the evidence. Fill in an accident statement form (even if only one party) and collect witnesses’ contact details.
- Costs of legal assistance: The costs of a personal injury lawyer can usually be recovered from the insurer, which means you can use our services to pursue your claim without additional cost.
Waarom Arslan Advocaten?
At Arslan Advocaten we have years of experience recovering losses after road and workplace accidents. Our specialist personal injury lawyers are ready to help and to protect your rights.
We offer you:
- Kosteloze juridische bijstand: Our costs are, in most cases, borne by the insurer.
- Persoonlijke begeleiding: We keep you fully informed about the progress of your case.
- Maximale schadevergoeding: Our lawyers make sure you receive what you are entitled to.
Get in touch for a free assessment
Do you have questions about injury after a road accident, or would you like to know how to call on your SVI? Contact us today for free, no-obligation legal advice.
We are glad to help and will press for the compensation you are entitled to.
Frequently Asked Questions
What is an SVI policy and who is it for?
Occupant damage insurance (SVI) covers injury to both the driver and the passengers in a road accident. It is particularly useful in single-vehicle accidents or where the driver is at fault. It is not compulsory, but the premium is modest.
What costs does an SVI policy cover?
An SVI covers medical costs, rehabilitation and therapy, loss of income, domestic help, travel to medical appointments, and compensation for pain and suffering. It covers injury only, not damage to the vehicle.
How does an SVI differ from an OIV policy?
An SVI compensates the loss actually suffered, such as medical costs and compensation for pain and suffering, whereas an OIV pays a fixed sum on permanent disability or death regardless of the actual loss.
What should I do if I have been injured in a road accident?
You can submit a claim under your SVI for medical costs, loss of income and compensation for pain and suffering. Gather all medical records and evidence of the accident, and take specialist legal advice.
