Personal injury as a passenger

In this in-depth article by Arslan Advocaten you will read exactly what your rights are after an accident as a passenger. We explain who is liable, how you can claim your losses, and which steps you can take immediately after the incident. Our aim is to give you complete legal clarity, so that you can focus fully on your recovery.

The Legal Starting Point: The Faultless Third Party

As a passenger you are, in most situations, what is known as a ‘faultless third party‘. This means that you can in effect file your claim with any of the parties involved in the accident. This principle makes liability in cases of personal injury as a passenger often surprisingly straightforward and favourable for the victim.

What is the definition of a passenger?

In legal terms, a passenger is someone who is transported with the driver’s consent, without having control over the vehicle themselves. This applies equally to the front-seat passenger in a car, the pillion rider on a motorcycle or scooter, and the traveller on a bus or tram.

Liability in Traffic: Who Pays for the Damage?

The key question in a personal injury case is: who bears the financial responsibility for your injury? Dutch legislation ensures that you are compensated in almost every case.

1. The Other Party is Liable: If the driver of another vehicle caused the accident, their third-party liability insurer is the liable party. This is the most clear-cut situation. You claim your personal injury losses directly from the insurer of the driver who hit you.
2. The Driver of Your Own Vehicle is Liable: Even if the driver of the car or motorcycle you were travelling in caused the accident (for instance through a misjudgement, speeding or a traffic error), your losses are still compensated. Liability then rests with the third-party liability insurance of that vehicle. Many people find this a sensitive point, but it is important to know that this is the standard procedure. Your legal claim is directed at the insurer, not at the driver personally.
3. Accident Involving an Uninsured or Unknown Vehicle: What if the vehicle was uninsured, or if it was a hit-and-run? In that case you can claim your personal injury losses from the Waarborgfonds Motorverkeer. This fund exists precisely for those victims who would otherwise fall through the cracks.

This principle of the faultless third party underlines the protection afforded to the passenger. In legal terms you are the weakest link in this chain and are therefore given the fullest possible protection. For more information about the Dutch Motor Insurance Liability Act (WAM) and the compensation of personal injury, please consult our page on personal injury.

The Difference between Occupant Indemnity Insurance and Occupant Accident Insurance

With many car or motorcycle policies you may, as a passenger, be additionally covered through so-called supplementary insurance. But what exactly does that involve, and what is the difference between occupant indemnity insurance (SVI) and occupant accident insurance (OI)?

Occupant indemnity insurance (SVI):
This insurance compensates the losses actually suffered by all occupants, regardless of who was at fault for the accident. That means: medical costs, loss of income, damage to personal belongings—everything is compensated up to the insured sum. The payout is based on the losses actually suffered, comparable to a regular liability policy, but for the occupants.

Occupant accident insurance (OI):
This is a fixed payout in the event of permanent injury or death, regardless of the actual extent of the loss or of who caused the accident. The amount is set in advance and does not depend on your actual costs or losses. It is therefore not ‘compensation’ as such, but a predetermined sum that can help with, for example, adaptations to your home or replacement income.

In summary:

• The SVI looks at your actual heads of loss and pays out on that basis.
• The OI pays out a fixed sum on a one-off basis in the event of death or permanent disability, irrespective of the actual loss.

Both policies can run alongside each other, but they provide different cover. It is wise to check which of the two, or both, are relevant to your situation as a passenger.

Claiming through occupant accident insurance: when is this possible?

Alongside the regular liability policies there is also what is known as occupant accident insurance (OIV). But when exactly does this insurance come in useful for you as a passenger?

The OIV comes into play when a traffic accident leaves you with injuries resulting in (permanent) disability or even death. It makes no difference who caused the accident—the cover also applies if the driver (your partner, friend, taxi driver and so on) made the mistake themselves.

Important to know:

• You can rely on the OIV if the owner of the vehicle you were travelling in has taken out this insurance.
• The payout is often a fixed amount, based on the nature and severity of the injury or on death.
• The OIV also offers a solution in accidents where no other party is involved (such as a single-vehicle accident).

It can therefore be a valuable additional safety net, on top of the compensation available through the third-party liability insurance or the Waarborgfonds. An application is usually made directly to the insurer of the vehicle you were travelling in.

Claiming through occupant indemnity insurance

Besides the standard liability arrangements there is often an additional layer of cover: occupant indemnity insurance (SVI). This insurance is optional and is intended to give passengers and driver extra security, regardless of who is at fault for the accident.

How does claiming through the SVI work? Quite simply:

• Direct Cover: If the vehicle you were travelling in had an SVI, you can report the losses suffered directly to that vehicle’s own insurer.
• Broader compensation: The SVI generally pays out for both financial and non-financial loss (think of injury, loss of income or damaged property), even if no one is held liable.
• No argument about fault: The insurance pays out irrespective of the question of fault. This means you do not have to wait until it is clear who is legally liable; you can submit a claim straight away.

It is wise to contact the insurer of the vehicle as soon as possible, explain the situation and provide supporting evidence such as an accident statement form, medical records and any witness statements. That way you ensure your claim is handled smoothly and swiftly.

Practical Consequences of Contributory Negligence for Passengers

Although as a passenger you are never blamed for causing the accident, your own conduct can affect the extent of your injury. This is what we call contributory negligence (Article 6:101 of the Dutch Civil Code).

When might contributory negligence arise?

• Not Wearing a Seatbelt: Failing to wear a seatbelt or helmet is the most common form.
• Riding with a Drunk Driver: If you knowingly and willingly travel with someone who is visibly under the influence, part of the loss may be borne by you.
• Unsafe Situations: Needlessly putting yourself in a dangerous position, for example by sitting with your legs on the dashboard.

The 50% Rule Does Not Apply Here: Unlike the general 50% rule for vulnerable road users (cyclists/pedestrians), there is no fixed percentage for passengers. Where there is contributory negligence, the insurer will attribute part of the liability to you. In practice we see that in most cases of personal injury as a passenger, always more than 50% of the loss is compensated. Even where there is contributory negligence, the fundamental right to compensation remains intact.

Personal Injury from an Emergency Stop on Public Transport

Not all accidents happen on the motorway. Passengers can also be injured on public transport, such as the bus, tram or train. A sudden, hard emergency stop, a fall while boarding or alighting, or a collision between the public transport vehicle and another road user can cause serious injury.

Here too the law is favourable to the passenger. The carrier (the bus or tram company) has a duty of care towards its passengers.

• Contractual Liability: As soon as you hold a valid ticket, there is a contract of carriage. On the basis of that contract the carrier is often liable, unless there is force majeure.
• Liability Without Fault: Even if the driver had to make an emergency stop out of panic or because of an unforeseen situation (and therefore was not directly at fault for that manoeuvre), the transport company can still be held liable for the personal injury. In legal terms, the threshold for carrier liability is very low.

Have you been injured on a bus, train or tram?

Step-by-Step Plan: What to Do Immediately After the Accident

Acting quickly and correctly after an accident is essential to a successful claim for your personal injury as a passenger.

Step 1: See to Your Safety and Get Medical Help

Your health always comes first.

• Medical Assessment: Always go to your GP or the emergency department, even with mild symptoms. Make sure your symptoms and injuries are recorded medically. Without a medical file to build on, it is far harder later to prove a causal link with the accident.
• Keep track of your symptoms: Keep a diary of your symptoms, limitations and the impact on your daily life.

Step 2: Gather Evidence at the Scene of the Accident

The evidence gathered after an accident is the backbone of your personal injury case.

• Note Down the Details: Write down the full names, addresses, telephone numbers and registration numbers of all those involved, including the driver of your own vehicle. Ask for the name of the insurer.
• Witnesses: Ask whether any bystanders saw the accident and note down their contact details.
• Photographs: Take photographs of the damage to the vehicles, the position of the vehicles on the road and any hazardous conditions.

Step 3: Bring in Legal Expertise

Taking on a large insurer by yourself is complicated and often stressful. A personal injury lawyer will help you with the following crucial steps:

• Establishing liability and holding the right party liable.
• Identifying every head of loss, from medical costs to compensation for pain and suffering and loss of earning capacity.
• Conducting the negotiations with the insurer.

Coping with Stress After a Traffic Accident

A traffic accident can affect you not only physically but also mentally. It is entirely understandable that you may experience stress-related symptoms after such a life-changing event. How do you make sure that the shock and tension after the accident do not affect your daily life too much?

• Recognise and Acknowledge Your Feelings: It is normal to feel anxious, tense, sad or even angry after an accident. Give yourself room to experience these emotions and talk about them with people you trust.
• Keep Structure in Your Day: Where possible, stick to your normal daily rhythm. Even small routines, such as going for a walk or having a cup of coffee at a set time, can provide something to hold on to.
• Write Down Your Experiences: Keeping a diary or making notes often helps you process the event and gain insight into your feelings and recovery.
• Seek Support: Do not hesitate to involve your GP if the stress symptoms persist, or if you notice that anxiety and tension are affecting how you function. Sometimes extra support or a conversation with a professional is worthwhile.

Keep taking good care of yourself. Avoid excessive alcohol use and make sure you get enough rest, healthy food and exercise. Do you notice that your symptoms are not easing, or are getting worse? Contact a healthcare provider in good time so that you can look for a solution together.

Which Losses Can You Claim?

If you personal injury as a passenger, you are entitled to compensation for every cost you would not have incurred but for the accident. That covers a wide range of heads of loss.

Financial Loss (Material Consequences)

• Medical Costs: Insurance excess, uninsured treatments or therapies.
• Travel Costs: Journeys to the doctor, therapist or hospital.
• Domestic Help: The cost of help with tasks you can no longer do yourself.
• Loss of Earning Capacity: Lost salary or income.

Non-Financial Loss (Compensation for Pain and Suffering)

In addition to financial loss, you are also entitled to compensation for the suffering endured, the pain, the loss of enjoyment of life and the psychological impact. This is known as smartengeld, the Dutch equivalent of damages for pain and suffering. The amount depends on the nature and severity of the injury.

Emotional Symptoms After an Accident as a Passenger

After a traffic accident, emotional symptoms can be just as far-reaching as physical injury. Many passengers experience intense feelings immediately after the incident – and sometimes in the weeks that follow – such as:

• Shock and fear: It is entirely normal to feel tense or jumpy after the accident, especially when you get into a vehicle again.
• Low mood or irritability: You may experience mood swings, feel down, or become irritated more easily than before.
• Sleep problems: Many people sleep worse, lie awake worrying, or have nightmares about the accident.
• Difficulty concentrating: Processing what has happened can temporarily affect your focus or memory.
• Guilt or anger: Sometimes feelings of guilt (“If only I had…”) or frustration towards the person responsible arise.

These symptoms are a perfectly normal reaction to a life-changing event. It is important to take these signals seriously and – if necessary – to seek help in good time, for example from your GP or a professional care provider. That way you work not only on your physical recovery, but also on your emotional balance.

The Role of Arslan Advocaten in Personal Injury as a Passenger

At Arslan Advocaten we specialise in recovering personal injury compensation for victims. We understand that you are in a vulnerable position and need legal help without financial worries. We make sure you can keep your focus on your recovery, while we fight the legal battle.

The Cost of Our Services:
Our services are free of charge for clients, because the costs are recovered in full from the liable party (the insurer). You therefore do not need to worry about our fee.