Were you hit by a driver who failed to stop, or by someone who turned out to be uninsured? In certain cases you can then turn to the Waarborgfonds Motorverkeer. The fund is not an insurer, nor a safety net for every kind of loss: access is governed by Article 25 of the Dutch Motor Insurance Liability Act (WAM), which sets clear conditions.
Below you will find when the fund is open to you, what evidence you need and which time limit is running. Pay particular attention to the last of these: it is shorter than many people think.
Does my claim fit the fund?
| Situation | Legal basis | Main condition |
|---|---|---|
| The liable person is unknown (hit-and-run) | Article 25(1)(a) WAM | The fund does not pay out if it is plausible that you yourself did not do what could reasonably be expected of you to establish who it was |
| The motor vehicle was not insured | Article 25(1)(b) WAM | The obligation to insure was not complied with |
| A stolen motor vehicle, or one taken by force | Article 25(1)(c) WAM | The insurer, the State or an exempted party is not liable for it |
| Exemption from the duty to insure | Article 25(1)(d) WAM | No insurance was taken out under Article 17(3) or Article 18 WAM |
In all cases there must be civil liability for the loss caused by the motor vehicle. The fund steps into the shoes of a liable party; it does not simply reimburse every loss you suffer in traffic.
What the fund does not cover. Under Article 26 WAM the fund is not liable for, among other things, loss above the statutory maximum amounts, nor for damage to goods that were being carried by the motor vehicle.
For the current conditions, amounts and forms, always consult the Waarborgfonds Motorverkeer’s own website. The scheme is amended periodically and the amounts are set by government decree.
What counts as a motor vehicle?
The definition in Article 1 WAM is broad: all vehicles intended to be moved over the ground otherwise than on rails, wholly or partly by a mechanical force present on or in the vehicle itself, or by electric traction with a power supply from elsewhere. Anything coupled to the vehicle, or that came loose after coupling for as long as it has not yet come to a standstill clear of traffic, also counts.
Do not draw hasty conclusions from that. Cars, motorcycles, mopeds, light mopeds and scooters fall squarely within it. With newer vehicles it is more nuanced and depends on the construction, the maximum speed, the power output and whether that vehicle is subject to a duty to insure:
- Speed pedelecs are classified as mopeds and are subject to a duty to insure.
- Ordinary pedal-assist e-bikes up to 25 km/h in principle fall outside it.
- Fatbikes are not a category of their own. What matters is whether the particular machine is technically still a pedal-assist bicycle or in fact a moped. Tuned-up machines can fall into the second category.
- Electric scooters are largely not permitted on public roads in the Netherlands; their status differs by type and by approval.
If the vehicle’s status is unclear, have it assessed before you submit a claim. It is not a formality: it determines whether the fund has any jurisdiction at all.
Unknown driver: what you have to prove
This is the most common case and at the same time the strictest. Article 25(1)(a) WAM contains an ‘unless’ clause: the fund can refuse if it is plausible that you did not do what could reasonably be expected of you to trace the liable person.
So take the following steps immediately, and record that you did so:
- Report it to the police as soon as possible. The fund applies a short deadline for this; assume the same day, and in any event as quickly as is reasonably possible. Ask for a reference number and keep the police report or notification.
- Note down everything you know about the vehicle: colour, make, model, part of the registration number, distinctive features, direction of travel.
- Look for witnesses. Ask for a name and telephone number on the spot; afterwards they are all but impossible to find.
- Request camera footage. Think of nearby shops, petrol stations, homes with doorbell cameras and other road users’ dashcams. Do it at once, because footage is often overwritten within a few days.
- Record the scene. Photographs of the situation, skid marks, paint traces, glass and the damage itself, with date and location data.
- Make enquiries in the area and record when and with whom.
Another condition that is often forgotten. Article 26(5) WAM provides that the fund is liable only if you show that you have formally demanded payment from all known liable persons and their insurers. So if there is a known party, you must first address them in writing and be able to prove it.
Evidence checklist
- The date, time and exact location of the accident
- The police record or report, with its number
- Witness statements with contact details
- Photographs of the vehicle, the damage, the location and any traces
- Camera footage, or evidence that you requested it in time
- Medical records in the event of injury, from the first contact with your GP or the emergency department
- A damage calculation, repair invoices or a valuation report
- Copies of the formal demands sent to known liable parties and their insurers
Excess: only where the driver is unknown, and only for property damage
This often causes confusion. Article 26(4) WAM provides that where the liable person is unknown, the fund is liable for damage to your property only in so far as that damage exceeds an amount set by government decree.
Two consequences:
- The excess does not apply to personal injury. No threshold amount is deducted for injury.
- It does not apply in the other cases in Article 25, such as a known but uninsured driver.
The amount is € 250. That is set out in Article 1 of the Decree on the excess for claims against the Waarborgfonds Motorverkeer: the amount referred to in Article 26(4) WAM is set at € 250. This version of the decree has applied since 11 June 2007 and has not been amended since. Because it is set by government decree it can in principle be adjusted, so check it when you make an actual claim.
The Act adds that no liability arises for that threshold portion either through another injured party acquiring the claim to compensation for it. So you cannot get around the excess by assigning the claim.
Time limits: three clocks, and they differ
| Against whom | Period | Running from | Legal basis |
|---|---|---|---|
| The Waarborgfonds | Three years | The event from which the loss arose, so from the accident itself | Article 10(1) WAM, via Article 26(7) WAM |
| The liable person themselves (in the event of injury) | Five years | The day after the one on which you became aware of both the loss and the liable person | Article 3:310(5) of the Dutch Civil Code |
| Reporting to the police | As soon as possible | Immediately after the accident | A condition of the fund, not a statutory limitation period |
Note the difference in starting point. The three-year period against the fund runs from the accident, not from the moment you discovered the loss or its consequences. With injury that only manifests itself later, that period can therefore expire sooner than the period against the driver. So do not wait until your medical situation has crystallised; report in time and keep the claim alive.
Acts that interrupt the limitation period against an insured party also, under Article 10(4) WAM, interrupt it against the insurer. If in doubt, send a letter interrupting limitation in good time.
Contributory negligence is assessed separately
A collision does not automatically lead to full compensation. If your own conduct contributed to the loss, the compensation can be reduced under Article 6:101 of the Dutch Civil Code in proportion to the extent to which the circumstances on each side contributed, after which an equity correction may still follow.
The special protection for non-motorised road users. For pedestrians and cyclists, Article 185 of the Dutch Road Traffic Act applies as against the driver of a motor vehicle, with rules developed in case law: children under fourteen enjoy far-reaching protection in principle, and adult non-motorised users a floor in the apportionment, save in cases of intent or recklessness bordering on intent.
Two caveats that many articles leave out. First, this is not an automatic rule of one hundred per cent compensation in all cases; it concerns an apportionment that depends on the circumstances. Second, Article 185 of the Road Traffic Act concerns the liability of the driver of the motor vehicle. Whether and how that protection carries through into your claim against the fund depends on the legal basis and the circumstances and must be assessed case by case.
Claim and objection
- Report the loss to the fund using the notification form on its own website, and attach your evidence in line with the checklist above.
- Describe factually what you did to trace the driver, with dates. Where the person responsible is unknown, that is the decisive point.
- Keep injury and property damage separate in your statement: different rules apply, and the threshold amount affects only the property damage.
- If your claim is refused, ask for a written, reasoned decision stating the ground. On that basis you can supply additional evidence or have the decision reviewed. Ultimately you can bring the dispute before the civil court, observing the three-year period.
If it concerns injury, also read our articles on calculating compensation for pain and suffering and, for neck complaints after a collision, on whiplash after a collision. If you would rather read about liability after a scooter accident in Turkish, see Hollanda’da scooter kazası (in Turkish).
Are you unsure whether your situation falls under the fund, or is the three-year deadline approaching? Contact us without obligation and keep the police record and your loss documents to hand.
Frequently asked questions
Can contributory negligence affect the compensation?
Yes. If your own conduct contributed to the loss arising, the compensation can be reduced under Article 6:101 of the Dutch Civil Code in proportion to the extent to which the circumstances on both sides contributed, followed by a possible equity correction. For pedestrians and cyclists, the special protection of Article 185 of the Road Traffic Act applies as against the driver of a motor vehicle, with more far-reaching protection for children under fourteen. That is not, however, automatic full compensation in all cases, and how it carries through into a claim against the fund must be assessed case by case.
What evidence is needed if the person responsible is unknown?
The fund can refuse if it is plausible that you did not do what could reasonably be expected of you to trace the liable person (Article 25(1)(a) WAM). So report it to the police as soon as possible and keep the reference number, note every feature of the vehicle, look for witnesses immediately, request camera footage at once before it is overwritten, and record the scene and the damage photographically. If there is also a known liable party, you must show under Article 26(5) WAM that you formally demanded payment from them and their insurer.
Does an excess apply with the Waarborgfonds?
Only in one situation: where the liable person is unknown and for damage to property. Article 26(4) WAM provides that the fund is then liable only in so far as the damage exceeds an amount set by government decree. That amount is €250, laid down in Article 1 of the Decree on the excess for claims against the Waarborgfonds Motorverkeer, which has applied unchanged since 11 June 2007. No threshold amount is deducted for personal injury, and it does not apply in the other cases in Article 25 WAM either, such as a known but uninsured driver.
Within what time limit must I approach the Waarborgfonds?
Three years, and pay close attention to the starting point. Under Article 10(1) WAM, which via Article 26(7) WAM also applies as against the fund, your right of action becomes time-barred after three years counted from the event from which the loss arose, so from the accident itself and not from the moment you discovered the consequences. That is shorter and different from the period against the liable person themselves, which for injury is five years from awareness. So do not wait until your medical situation has crystallised.
