Written by Onur Arslan, personal injury attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of specialist fields (rechtsgebiedenregister) for employment law and personal injury. Last updated: 30 September 2026.
Nederlands: Lees meer in het Nederlands: Verkeersongeval: wie is aansprakelijk en welke schade kunt u verhalen?
Türkçe: Türkçe bilgi için: Trafik kazası: kim sorumludur ve hangi zararı tahsil edebilirsiniz?
Yes. If you were injured in the Netherlands through someone else’s fault, you can in principle claim compensation. Your nationality does not matter, and not living in the Netherlands does not in itself stand in the way of a claim. In most cases Dutch law applies to an accident in the Netherlands, although depending on the circumstances the law of another country can apply. In road accidents you can usually claim directly from the insurer of the vehicle that caused the accident.
This article is about accidents that happened in the Netherlands. Were you injured in an accident in another country? Then read our page on an accident abroad.
Which law applies to an accident in the Netherlands?
Road traffic accidents. The Netherlands is a party to the Hague Convention of 4 May 1971 on the law applicable to traffic accidents, which has been in force for the Netherlands since 30 December 1978. The EU Rome II Regulation (No 864/2007) leaves that convention in place (Article 28(1) Rome II). Under Article 3 of the Convention, the applicable law is the internal law of the State where the accident occurred: for an accident in the Netherlands, Dutch law. Article 4 contains exceptions for vehicles registered in another country. In short: if only one vehicle is involved and it is registered outside the Netherlands, the law of the country of registration can apply to certain claims, for example the claim of a passenger whose habitual residence is outside the Netherlands, or the claim of a pedestrian or cyclist whose habitual residence is in the country where the vehicle is registered. If two or more vehicles are involved, the exception can only apply if all of them are registered in the same country, and further conditions apply if other people outside the vehicles may be liable. Whether an exception applies therefore depends on the facts: how many vehicles were involved, where they are registered and where those involved habitually reside. If a foreign-registered vehicle was involved, have this point checked before assuming that Dutch law applies.
Other accidents, such as a fall in a shop, an injury in a hotel or a dog bite, fall under the Rome II Regulation as far as the non-contractual claim is concerned. If you had a contract with the business, for example a hotel, other rules may apply to a contractual claim. Article 4(1) Rome II points to the law of the country where the damage occurs. Article 4(2) makes an exception where the person liable and the injured person both have their habitual residence in the same country: the law of that country then applies. Article 4(3) allows another law where the case is manifestly more closely connected with another country.
This matters because the applicable law decides more than liability. It also governs the heads of loss you can claim and the limitation rules (Article 15 Rome II; Article 8 of the Hague Convention).
What does Dutch law give a visitor who is hit by a car?
If Dutch law applies, it gives extra protection to pedestrians and cyclists who are hit by a motor vehicle. Under Article 185 of the Road Traffic Act 1994 (WVW), the owner or keeper of the motor vehicle must compensate the damage, unless it is plausible that the accident was due to force majeure. Even if you made a mistake yourself, case law of the Supreme Court (Hoge Raad) means that, as a rule, at least half of your damage is borne by the motor vehicle side, and for children under fourteen in principle all of it, unless there was intent or recklessness bordering on intent. We explain these rules in detail in our article on the 50% rule for cyclists and pedestrians. Were you hit by a car while cycling? See also our article on a collision between a cyclist and a car.
Outside road traffic, the general rule of Article 6:162 of the Dutch Civil Code (BW) applies: whoever commits an unlawful act that can be attributed to them must compensate the resulting damage.
Who pays your compensation?
Motor vehicles based in the Netherlands must be insured against liability (Article 2 of the Motor Insurance Liability Act, WAM); for vehicles normally based abroad, special rules apply. Under Article 6 WAM, you as the injured party have your own right to compensation against that insurer. In practice, you therefore send your claim directly to the insurer of the vehicle that caused the accident, not to the driver personally.
For accidents outside road traffic, the claim is made against the person or business that is liable.
What if the driver was uninsured, unknown or drove off?
Then you can turn to the Waarborgfonds Motorverkeer (the Dutch Motor Insurers’ Guarantee Fund). Under Article 25(1) WAM, the Fund compensates damage caused by a motor vehicle where, among other cases, it cannot be established who is liable, or where the obligation to insure was not complied with. Two conditions are important:
- for a hit-and-run, the Fund does not pay if it is plausible that you did not do what could reasonably be expected of you to identify the liable person (Article 25(1)(a) WAM). Report the accident to the police and keep the report;
- the Fund is only liable if you show that you have demanded payment from all known liable persons and, where their liability should be insured, from their insurers (Article 26(5) WAM).
Article 26(4) WAM restricts the Fund’s liability for damage to your property when the liable person is unknown. That restriction does not concern personal injury. Was the accident caused by a vehicle registered abroad? See our article on an accident with a foreign vehicle.
How long do you have to make a claim?
If Dutch law applies, two periods are relevant.
Against the liable person: a claim for damages for injury or death becomes time-barred five years after the day following the day on which you became aware of both the damage and the person liable for it (Article 3:310(5) BW). If you were a minor at that moment, the five years start the day after you reach the age of majority.
Against the motor insurer: your direct claim under the WAM becomes time-barred three years after the event that caused the damage (Article 10(1) WAM). Acts that interrupt the limitation period against the insured also interrupt it against the insurer, and vice versa (Article 10(4) WAM). Negotiations with the insurer interrupt the period as well; a new three-year period starts once one of the parties breaks off the negotiations by bailiff’s notice or registered letter (Article 10(5) WAM). The same rules apply to a claim against the Waarborgfonds (Article 26(7) WAM).
A three-year period from the date of the accident is short if you are recovering at home abroad. Put the other side on written notice early. How to interrupt the limitation period correctly is explained in our article on limitation periods in personal injury cases.
What you can do right away
- Write down the registration number, name and insurer of the other party, and the names and contact details of witnesses.
- Take photographs of the scene, the vehicles and your injuries.
- Ask for a copy or reference number of any police report.
- Keep all medical documents, receipts and travel costs, including those from treatment after you return home.
- Do not sign a settlement or a statement of full and final discharge before you know the full extent of your injury.
Have you already gone home after the accident? Read Personal injury claim after returning home from the Netherlands.
What does it cost?
Once liability has been established, the reasonable costs of establishing the damage and liability and of obtaining payment out of court are in principle borne by the liable party (Article 6:96(2) BW). In practice the liability insurer then pays those costs on top of your compensation. If liability is not established, those costs are not automatically reimbursed. We discuss this with you in advance. More about the process and costs: personal injury: do you have a case and road accidents.
Frequently asked questions
Can I still claim after I have gone home?
Yes. Leaving the Netherlands does not end your claim. The claim can be handled from abroad, largely in writing. Keep the limitation periods above in mind, as they continue to run.
Can I claim compensation for pain and suffering as a visitor?
Yes, if Dutch law applies. Under Dutch law, anyone who has suffered physical injury is entitled to compensation for non-material harm, fixed on an equitable basis (Article 6:106(b) BW). More on this in our article on non-material damages. An overview of all heads of loss is on our page on personal injury compensation.
What if I was partly to blame?
If Dutch law applies, the compensation is in principle reduced in proportion to the extent to which each party’s conduct contributed to the damage, with an equitable adjustment where appropriate (Article 6:101(1) BW). For pedestrians and cyclists hit by a motor vehicle, the protective case law on Article 185 WVW applies.
Do I need to speak Dutch?
No. We can assist you in English, Turkish and Polish as well as Dutch.
Injured during a visit to the Netherlands? Call +31 70 450 0300 or send us your details. The first consultation is free of charge and confidential.
Sources
- Hague Convention of 4 May 1971 on the law applicable to traffic accidents, Articles 3, 4 and 8: text and status table (HCCH)
- Regulation (EC) No 864/2007 (Rome II), Articles 4, 15 and 28: EUR-Lex
- Article 185 Road Traffic Act 1994: wetten.overheid.nl
- Motor Insurance Liability Act (WAM), Articles 2, 6, 10, 25 and 26: wetten.overheid.nl
- Dutch Civil Code, Articles 3:310, 6:96, 6:101, 6:106 and 6:162: wetten.overheid.nl
