Are you involved in a traffic accident as a passenger or occupant, while you have done nothing wrong yourself? Then you can be designated as an innocent third party. In that situation, Industry Arrangement 7 plays an important role. Yet this arrangement is unknown to many victims, causing them to wait unnecessarily long for compensation.
In this article we therefore explain in detail what Industry Arrangement 7 entails, when this arrangement is applied and what this means in concrete terms for your personal injury. In addition, you will read what steps you can take to get your damage compensated quickly and fully.
What is Industry Arrangement 7?
Industry Arrangement 7, also known as the arrangement for the innocent third party, is a mutual agreement between Dutch insurers. This arrangement is intended to prevent an innocent victim from becoming the victim of a discussion between insurers about the question of guilt.
It is therefore not a statutory regulation, but a practical agreement within the insurance world. Yet Industry Arrangement 7 has great significance in practice for victims of traffic accidents.
Who is an innocent third party?
An innocent third party is someone who has not contributed to the occurrence of the traffic accident themselves. This often involves:
- a passenger or occupant of a car;
- an employee being transported by a colleague or employer;
- a passenger in a company van;
- an occupant of a taxi or delivery van.
Characteristic is that the innocent third party had no influence on the driving behavior and therefore cannot be blamed.
When does Industry Arrangement 7 apply?
Industry Arrangement 7 does not apply to every traffic accident. The arrangement is applied when a number of conditions are met.
For example, there must be:
- a traffic accident with at least two motor vehicles;
- an innocent third party who has suffered personal injury;
- a situation in which the question of guilt between the vehicles involved is unclear or disputed.
Precisely because the insurers do not agree among themselves about liability, Industry Arrangement 7 offers a solution for the victim.
Why does Industry Arrangement 7 exist?
Without Industry Arrangement 7, an innocent third party would have to wait until insurers have mutually determined who is liable. That can take months or even years. In the meantime, the victim is left without compensation.
Therefore, insurers have agreed that one insurer will fully compensate the damage of the innocent third party in advance. Subsequently, the insurers mutually arrange who ultimately bears which costs.
For the victim, this is a great advantage: you do not have to wait for a complex liability discussion.
What does Industry Arrangement 7 mean for you in concrete terms?
If Industry Arrangement 7 applies, you can turn to the WAM insurer of one of the vehicles involved. This insurer must then fully compensate your damage.
It is important that you do not have to prove which driver is to blame for the accident. The arrangement protects you precisely against that problem of proof.
What damage is compensated?
Under Industry Arrangement 7, in principle, all personal injury is eligible for compensation. Think of:
Material damage
- medical expenses;
- travel expenses;
- costs for domestic help;
- adjustments in the home;
- damage to personal property.
Loss of income
Are you temporarily or permanently unable to work? Then a loss of income may arise. Also loss of earning capacity falls under this.
Smartengeld (Compensation for pain and suffering)
In addition, you can claim smartengeld: compensation for pain, sorrow and loss of joy in life. You can read more about this on our page smartengeld in personal injury.
Do you have to approach an insurer yourself?
In theory, you can contact an insurer yourself. In practice, however, we see that insurers do not always apply Industry Arrangement 7 spontaneously.
Therefore, it is wise to engage legal help. This way you prevent delay and discussion about the applicability of the arrangement.
More general information about personal injury can be found on our page personal injury lawyer.
Difference with Article 185 Road Traffic Act
Industry Arrangement 7 is sometimes confused with the protection of vulnerable road users under Article 185 of the Road Traffic Act. Yet these are different arrangements.
Article 185 WVW mainly concerns cyclists and pedestrians. Industry Arrangement 7 is precisely intended for occupants and passengers who are designated as innocent third parties.
Proof and discussion with insurers
Although Industry Arrangement 7 protects you, insurers sometimes try to discuss the applicability anyway. For example, they argue that there is no innocent third party.
That is precisely why it is important to substantiate your case well and to seek legal advice in good time.
Frequently asked questions about Industry Arrangement 7
Does Industry Arrangement 7 apply automatically?
No. The arrangement is not always applied automatically. In practice, an explicit appeal must often be made to this.
Can the insurer refuse?
An insurer can take the position that the arrangement does not apply. However, that does not mean that this position is correct.
How quickly will my damage be compensated?
Precisely because Industry Arrangement 7 is intended to prevent delay, the damage can often be settled faster than with regular liability discussions.
Does legal help cost me money?
In personal injury cases, the costs of legal assistance are usually recovered from the liable insurer. As a result, you as a victim bear no financial risk on balance.
Why choose Arslan Advocaten?
We have extensive experience with personal injury cases in which Industry Arrangement 7 plays a role. We know when this arrangement applies and ensure that insurers actually apply it.
In addition, we communicate clearly, act energetically and are committed to full compensation.
More general information about traffic law can be found at the National Government.
Do you want to know if you are entitled to compensation as an innocent third party? Feel free to contact us for a non-binding assessment.
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