- Personal injury car accident concerns both physical and psychological damage caused by a traffic accident caused by another party.
- Liability usually lies with the perpetrator based on article 6:162 BW (Dutch Civil Code on tort) and the WAM insurance covers the damage.
- You can claim a wide range of damages, including medical expenses, loss of income, and pain and suffering compensation.
- A specialized personal injury lawyer helps you free of charge with securing evidence, calculating, and claiming damages.
- Pain and suffering compensation varies greatly and is based on case law and the ANWB Pain and Suffering Guide.
- Immediately after a car accident, medical documentation and professional legal assistance are crucial.
- Arslan & Arslan Lawyers are known for their thorough approach and willingness to litigate for maximum compensation.
What exactly is personal injury from a car accident?
Personal injury car accident refers to all physical and psychological damage resulting from a traffic accident where another road user is liable. This goes beyond visible injuries; complaints such as whiplash, psychological trauma, or cognitive impairments are also included. For example, someone may suffer from neck and back pain, headaches, or even long-term anxiety and depressive complaints after an accident.
The medical consequences of personal injury can range from temporary pain and immobility to permanent disability or severe brain injury. This makes it important to timely and carefully document and treat personal injury after a car accident. Medical diagnoses and prognoses form the basis for both treatment and legal claims.
Legal basis: liability and insurance
Liability in a car accident is regulated under article 6:162 BW (tort). This article states that anyone who acts unlawfully, such as committing a traffic error, is liable for the damage caused. In combination with article 185 of the Dutch Road Traffic Act (WVW), this regulates the role of the driver and how compensation is handled. Since every motorist is required to have statutory liability insurance (WAM), the damage is practically always paid by the insurer of the at-fault party.
In situations such as rear-end collisions, the driver behind is usually liable due to insufficient distance keeping. In collisions involving vulnerable road users (cyclists or pedestrians), often a minimum compensation of 50% by the motorist applies (article 185 WVW), even in cases of partial fault of the victim. For single-vehicle accidents without a counterpart, different arrangements exist such as the Motor Vehicle Guarantee Fund or the own SVI insurance.
Damage items in personal injury car accident claims
Personal injury from a car accident is not only about the immediately visible injury but includes a broad spectrum of damage items, both material and immaterial.
- Medical expenses: hospital stays, surgeries, specialist treatments, physiotherapy, psychological help, and medication. Also, the deductible of your health insurance is reimbursed.
- Loss of income: this concerns the difference between your old and new income if you become temporarily or permanently (partially) incapacitated for work.
- Household help: depending on the severity of your injury, compensation may be granted for help with household tasks.
- Travel expenses: all transportation costs to healthcare providers are reimbursed, including transport costs resulting from the accident.
- Adjustments: for example, necessary renovations to your home or modifications to a car.
- Study delay: if study or education is delayed due to the accident, for example due to hospitalization or rehabilitation.
- Pain and suffering compensation: compensation for emotional and psychological consequences such as pain, anxiety, and loss of enjoyment of life.
It is crucial that all damage items are well substantiated with evidence, medical reports, pay slips, and invoices. This ultimately determines the total amount of compensation.
Whiplash: the silent injury after a car accident
Whiplash is caused by a sudden movement of the head, often occurring in rear-end collisions. Due to late recognition and the absence of clear medical imaging, whiplash is sometimes disputed by insurers. Symptoms include:
- Neck pain and stiffness
- Headaches
- Dizziness and concentration problems
- Fatigue and sleep problems
- Stress and psychological complaints
Although whiplash complaints are medically difficult to objectively prove, the Dutch Supreme Court (Hoge Raad, ECLI:HR:2016:278) recognizes that plausible medical theories and complaints are sufficient grounds for compensation. At Arslan & Arslan Lawyers, we ensure these complaints are taken seriously and properly documented so that your claim is strong.
The role of a personal injury lawyer
A specialized personal injury lawyer is indispensable in a personal injury car accident. The lawyer guides you from start to finish to recover your damages to the fullest extent, without any cost to you. The main tasks are:
- Establishing liability and reporting it to the insurer
- Collecting your injury and medical data with a medical advisor
- Carefully calculating and substantiating all damage items
- Requesting advances to prevent financial problems
- Negotiating with the insurer for a fair settlement
- Litigating if necessary to enforce your rights
The costs of legal assistance are reimbursed by the liable insurer in accordance with article 6:96 BW, so you pay nothing yourself. Our legal expertise and experience with complex personal injury cases ensure you are not rejected or underpaid.
What steps should you take after a car accident?
The first steps are crucial for a successful personal injury claim:
- Seek medical help: have your injury documented, even if complaints arise later.
- Fill in the European accident statement: accurately record details of all involved parties and any witnesses.
- Collect evidence: keep photos of vehicles, damage, road markings, and the accident location.
- Contact the police: in case of injury, hit-and-run by the other party, or disagreement about the circumstances.
- Keep all receipts and invoices: for medical costs, supplies, transport, and other relevant expenses.
- Contact a personal injury lawyer immediately: this prevents loss of evidence and ensures you are optimally protected.
Pain and suffering compensation in personal injury car accidents: examples and guidelines
Pain and suffering compensation (non-material damages) compensates for the personal suffering you have endured. This amount is determined through case law and the ANWB Pain and Suffering Guide. Some indicative amounts are:
- Whiplash with long-term complaints: €5,000 – €25,000
- Bone fracture with full recovery: €3,000 – €10,000
- Severe knee injury with limitations: €15,000 – €40,000
- Brain injury with cognitive disorders: €30,000 – €150,000
- Spinal cord injury with permanent paralysis: €100,000 – €250,000
Note that these amounts are indicative. Pain and suffering compensation is always awarded separately from material damages such as medical costs and loss of income. This can make the total compensation significantly higher.
Duration of a personal injury case after a car accident
The time needed to resolve a personal injury case depends on several factors:
- Complexity of injury: the more severe and complex the injury, the longer it takes to complete the medical situation.
- Liability: if the other party admits fault, the handling usually proceeds faster.
- Cooperation of insurer: cooperative insurers facilitate quicker settlements.
- Procedures: if negotiations fail, a court procedure may be initiated, which takes longer.
A simple case with minor injuries can be settled within a few months, while long-term and complex personal injury cases can take several years. During the process, we will request advances so you have financial peace of mind.
Why choose Arslan & Arslan Lawyers?
With over 15 years of experience in personal injury and offices throughout the Netherlands, Arslan & Arslan Lawyers are ready to professionally and personally assist victims of personal injury car accidents. Our lawyer teams and NIVRE-registered experts apply a thorough approach with your interests at the center.
We distinguish ourselves by our fighting spirit: we do not simply accept the first offer from insurers. When faced with resistance, we are not afraid to go to court to enforce your rights. This ensures maximum compensation and justice.
Frequently asked questions about personal injury car accidents
Does hiring a personal injury lawyer cost me money?
No, thanks to article 6:96 BW, reasonable costs for legal assistance are paid by the liable insurer. You pay no advance and the reimbursement is not deducted from your compensation.
How soon should I hire a lawyer after a car accident?
It is best to do so as soon as possible. Early legal assistance ensures evidence is secured and your position remains strong during negotiations with the insurer.
Can I still receive compensation if I am partly at fault?
Yes. In cases of contributory negligence, compensation is usually reduced proportionally. For traffic victims such as cyclists and pedestrians, article 185 WVW provides for a minimum compensation of 50%, even with contributory negligence.
What if the other party fled the scene?
If the perpetrator is unknown (a hit-and-run driver), you can file a claim with the Motor Vehicle Guarantee Fund. This fund compensates the damage as if an insurer were involved.
Read also
- What does a personal injury lawyer do?
- Personal injury in Rotterdam: legal help after a car accident
- Personal injury after a car accident: complete guide
Contact Arslan & Arslan Lawyers without obligation for expert support with your personal injury car accident. We are happy to help you recover your damages and ensure you receive what you are entitled to.