As an innocent passenger injured in a traffic accident you are almost always entitled to compensation, whichever driver was at fault. You claim against the liable driver's insurer, and if two vehicles were involved you can address either of them under Article 6:99 of the Dutch Civil Code. Your own conduct rarely reduces the claim.
For additional general information, see Government of the Netherlands information on the Motor Traffic Guarantee Fund.
Were you involved in a traffic accident as a passenger? Then you don’t need to worry about who is at fault. According to the non-fault occupants and third parties scheme you, as a non-fault passenger, will always have your damage compensated. So you do not have to wait until it is clear who is responsible for the accident.
What does the non-fault occupants scheme entail?
The scheme is specifically intended to protect passengers and non-fault third parties. If you suffer damage due to a traffic accident for which you are not at fault, this damage will be compensated directly by an insurer.
The insurer that is approached must handle the damage immediately. Behind the scenes, this insurer can recover the costs from the actually liable party, but that is not your concern. You will quickly receive the compensation you are entitled to.
Who does the scheme apply to?
The scheme applies in two situations:
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Non-fault occupants or pillion passengers
These are all passengers in or on a vehicle, except the driver. Think of someone riding along in a car, or sitting on the back of a motorcycle. -
Innocent third parties
These are people who were not involved in the accident but did suffer damage. For example, a pedestrian who is hit because two vehicles collide. The surviving relatives of a deceased victim are also included.
How does it work in practice?
As a passenger, you don’t need to worry about who is liable for the accident. You can simply turn to the insurer of the vehicle you were in. They are required to compensate your losses, even if it has not yet been established which driver is at fault.
Even if the driver is someone you know — for example your partner or a family member — this does not change anything. You still retain the right to compensation.
Passenger’s contributory negligence
In some cases, the compensation may be lower. This happens if there is contributory negligence. Examples include:
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You were not wearing a seat belt during the accident.
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You got into a car with a driver whom you knew was under the influence.
In such situations, the insurer may reduce part of the compensation. Nevertheless, in most cases a substantial part of the damages is still covered.
Why seek legal assistance?
Although the scheme is intended to protect passengers, practice can be complex. Sometimes an insurer tries to limit the compensation or there is a dispute over the amount of the damages.
Our personal injury lawyers ensure that you:
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receive the full compensation you are entitled to;
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do not have to negotiate with the insurer;
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can fully focus on your recovery.
Moreover, our services are free of charge, because the liable insurer must reimburse the legal costs.
Frequently asked questions about passengers not at fault
1. As a passenger, am I always entitled to compensation?
Yes, as long as you are not at fault for the accident, your losses will be covered. This also applies if it is not yet clear who caused the accident.
2. Does this also apply in a single-vehicle accident?
Yes, even if the driver, for example, loses control of the vehicle and only that vehicle is involved, you as a passenger will be compensated for your losses.
3. What if the driver is my partner or a family member?
That makes no difference. You still have the right to compensation, even if the driver is someone close to you.
4. Can my compensation be reduced?
Yes, in exceptional cases. For example, if you were not wearing a seat belt or knowingly got in with a driver who was under the influence.
5. Do I have to contact the insurer myself?
You can, but we recommend engaging a specialized personal injury lawyer. That way you can be sure that all your losses are identified and properly recovered.
Frequently Asked Questions
If I am a passenger in a traffic accident, am I automatically entitled to compensation?
Yes, under the non-fault occupants scheme, you are entitled to compensation for damages as long as you are not at fault for the accident. The insurer of the vehicle you were in is responsible for providing this compensation regardless of fault.
Do I need to wait until the fault for the accident is determined to get compensation?
No, you do not need to wait for fault determination. The insurer is required to compensate your damages immediately, and they can recover costs later from the liable party if necessary.
What if I contributed to the accident, such as not wearing a seatbelt?
Contributory negligence, like not wearing a seatbelt, can lead to a reduction in your compensation. However, you will still likely receive a substantial part of your damages, depending on the severity of your contribution.
Should I seek legal help after a traffic accident as a passenger?
Yes, legal assistance can help ensure you receive the full compensation you’re entitled to and avoid disputes with insurers. Our personal injury lawyers offer free services, as the liable insurer covers legal costs.
