- Hit-and-run traffic accident Guarantee Fund – If you are a victim of a hit-and-run, you can file a damage claim with the Guarantee Fund for Motor Vehicles.
- Legal basis – Article 27 WAM regulates the Guarantee Fund; Article 7 WVW prohibits leaving the scene of the accident.
- Types of damages – Medical expenses, loss of income, pain and suffering, and future damages are claimable.
- Burden of proof – It is crucial to report to the police as soon as possible and secure witnesses.
- Role of Arslan & Arslan Advocaten – We guide you free of charge throughout the entire process and ensure maximum compensation.
What does a hit-and-run after a traffic accident entail and what is the Guarantee Fund?
The phenomenon of hit-and-run traffic accident Guarantee Fund concerns situations in which a road user is involved in an accident, but the perpetrator flees without leaving their details or offering assistance. This is also called “hit-and-run damage” and is punishable under Article 7 of the Road Traffic Act (WVW), which states that leaving the scene of the accident without leaving the legally required information is prohibited.
When the perpetrator is unknown or uninsured, the Guarantee Fund for Motor Vehicles provides a solution. This fund, governed by Article 27 of the Motor Vehicle Liability Insurance Act (WAM), compensates damages to victims of uninsured or unknown perpetrators. The Guarantee Fund thus acts as a safety net for victims of hit-and-runs who would otherwise be left with their damages.
This article extensively discusses how you as a victim can exercise your rights, which damage items you can claim, what you can do yourself, and how Arslan & Arslan Advocaten helps you free of charge in filing a claim with the Guarantee Fund and maximizing your compensation.
The legal framework surrounding hit-and-runs and the Guarantee Fund
The legal basis regarding a hit-and-run after a traffic accident is primarily found in the Road Traffic Act and the Civil Code. Article 7 WVW obliges the perpetrator to stop after an accident, exchange information, and provide assistance. If this does not happen, it constitutes a criminal offense and civil liability. The perpetrator is liable for all damages suffered by the victim.
Normally, the WAM insurer of the perpetrator covers the damages. In the case of a hit-and-run, the insurer is not always reachable or the perpetrator is unknown. In that case, the Guarantee Fund for Motor Vehicles acts as a substitute party and temporarily assumes liability to compensate the victim’s damages. The Guarantee Fund can later recover the costs from the perpetrator if they are traced.
A claim with the Guarantee Fund can only be successful if certain conditions are met, such as timely reporting to the police (within 14 days), collecting evidence, and proving that the perpetrator is uninsured or remains unknown. The importance of collecting evidence is therefore very high in hit-and-run cases.
Which damages can you claim in a hit-and-run traffic accident?
Victims of a hit-and-run can claim a wide range of damages through the Guarantee Fund. These damages can be material and immaterial in nature. Below is a detailed explanation of the different damage items that are relevant:
- Medical expenses: This includes all costs for hospital visits, surgeries, physiotherapy, medication, medical aids, and rehabilitation. For example: a victim with a broken leg caused by a hit-and-run can expect compensation for the costs of a cast, physiotherapy, and possibly a wheelchair.
- Loss of income: If you are temporarily or permanently unable to work due to injury, the Guarantee Fund compensates the difference between your normal income and your income after the accident. Reintegration costs can also be reimbursed.
- Household help: In case of serious injury, you may be unable to perform household tasks. The costs of professional household help or additional support can be claimed.
- Travel expenses: All costs you incur for visits to doctors, physiotherapists, or hospitals can be reimbursed. This also applies to necessary adjustments in transportation.
- Pain and suffering (smartengeld): This is compensation for immaterial damages such as pain, grief, anxiety, and loss of enjoyment of life. In whiplash cases, pain and suffering compensation can range between €5,000 and €15,000, while severe fractures or long-term disability can lead to much higher amounts, sometimes exceeding €50,000.
- Future damages: If the injury is permanent, future costs and loss of income are also included. This can include loss of pension accrual or future medical treatments.
Arslan & Arslan Advocaten has the expertise to thoroughly map out and substantiate all these damage items. This prevents you from unnecessarily missing out on money during the damage settlement.
Evidence in claims against the Guarantee Fund
A successful claim for a hit-and-run traffic accident with the Guarantee Fund requires solid evidence. Because the opposing party is often unknown, you must provide proof that the accident actually occurred and that the damage resulted from the hit-and-run. This is often complex and requires a strategic approach.
Police report within 14 days: It is legally mandatory to report the accident to the police within 14 days. This report is a crucial piece of evidence for the Guarantee Fund. The police will try to trace the perpetrator, but even if they fail, the report supports your claim.
Witness statements: Gathering eyewitnesses is essential. Witnesses can confirm that a hit-and-run occurred and help reconstruct the accident. This strengthens your claim and prevents disputes about the cause.
Photographic and video evidence: Photos of the accident scene, vehicles, and any injuries can be indispensable. Additionally, it is often possible to request footage from, for example, gas stations, traffic cameras, or security cameras.
Medical reports: A detailed medical file is crucial to demonstrate the nature and extent of your injuries. This also supports the amount of pain and suffering compensation and any future damages.
At Arslan & Arslan Advocaten, we assist you in collecting all this evidence and ensure your file is complete and convincing for the Guarantee Fund.
What happens if the hit-and-run driver is later traced?
In some cases, the police succeed in tracing the hit-and-run driver after all. This can be through witnesses, camera footage, or forensic investigation. Once the perpetrator is known, the legal situation changes. Liability then reverts directly to the perpetrator and their WAM insurer.
In such cases, the Guarantee Fund will attempt to recover the already paid damages from the perpetrator or their insurer. This is called a recourse claim. For you as a victim, little changes; you remain entitled to full compensation, but the settlement proceeds via the liable party.
It is therefore important to always report as soon as possible and document the incident well. Arslan & Arslan Advocaten can also assist you in this phase, ensuring you are optimally protected and the fund represents your interests.
Practical tips: what can you do yourself after a hit-and-run traffic accident?
Are you a victim of a hit-and-run? Then it is crucial to take the right steps immediately to secure your rights. Below is a comprehensive overview of practical actions you can take yourself:
- Stay calm and note as many details as possible: Try to remember or write down the license plate, as well as the make, model, and color of the vehicle that fled.
- Ask for witnesses and their contact details: People who saw the accident can later play a key role in proving your claim.
- Take photos immediately: Of the traffic situation, damage to your vehicle, any marks on the road, and your own injuries. This supports your story with the insurer or the Guarantee Fund.
- Report to the police within 14 days: This is mandatory and indispensable to have the case processed by the Guarantee Fund.
- Go directly to a doctor or general practitioner: Even if you think your injury is minor, complaints can develop later. A medical report is essential.
- Keep all receipts and invoices: Think of taxis to the hospital, medication, aids, and other costs related to the accident.
- Engage a specialized personal injury lawyer: The sooner, the better. At Arslan & Arslan Advocaten, we offer a free initial consultation so you immediately gain insight into your rights and chances.
Arslan & Arslan Advocaten: your partner for compensation after a hit-and-run traffic accident
Recovering damages in a hit-and-run traffic accident Guarantee Fund case is a complex process requiring knowledge of laws and regulations, experience with insurers, and legal perseverance. Arslan & Arslan Advocaten has extensive experience with personal injury cases, including situations where the opposing party is unknown.
We take the entire process off your hands: from collecting evidence, drafting the claim, negotiating with the Guarantee Fund, to litigation if necessary. Our service is free for you because the costs are reimbursed by the insurer of the liable party, pursuant to Article 6:96 of the Civil Code on extrajudicial costs.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always nearby and quickly accessible. We ensure you receive what you are entitled to and that your interests are maximally represented.
Frequently asked questions about hit-and-run traffic accidents and the Guarantee Fund
1. Can I receive compensation if I am partly at fault for the accident?
Yes, even with contributory negligence, it is possible to receive compensation. The compensation can be reduced in proportion to your share in the accident. For example, if you as a cyclist made a traffic error, you often still receive at least 50% of your damages. Arslan Advocaten can tell you exactly how this applies in your situation.
2. How long does it take to receive compensation from the Guarantee Fund?
The duration of the settlement depends on the complexity of your injury, the number of damage items, and the evidence. Simple cases can be resolved within a few months, but in cases of serious injury or disputes over liability, the process can take years.
3. What if the hit-and-run driver is found later?
If the perpetrator is traced, their insurer takes over the damages from that moment. The Guarantee Fund can then recover the already paid damages from the perpetrator. For you, little changes regarding your right to compensation.
4. Does a personal injury lawyer cost me money?
No. The costs of legal assistance are reimbursed by the liable insurer under Article 6:96 BW. You pay no advance, so our help is free and without obligation.
Read also
- Personal injury after car accident: complete guide
- Single-vehicle accident: compensation
- Pain and suffering compensation for whiplash after rear-end collision
Contact Arslan & Arslan Advocaten without obligation if you are a victim of a hit-and-run after a traffic accident. We help you free of charge in claiming the maximum compensation via the Guarantee Fund. With our expertise and personal approach, we ensure your interests are optimally represented. Call or email us today for a free intake consultation.