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.
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Going home does not end your claim. If you were injured in the Netherlands through someone else’s fault, you can in principle pursue compensation from your home country. Much of the claim is handled in writing with the insurer, and your medical treatment at home counts as evidence. What you cannot do is let time pass: the limitation periods keep running while you are abroad.
This article is for people who were injured during a stay in the Netherlands, for work, study or a holiday, and have since returned to their own country. If the accident happened at work, also read our article on returning to your home country after an accident at work. Did the accident happen outside the Netherlands? Then read our page on an accident abroad.
Can you claim from abroad at all?
Yes. Dutch liability law does not require the injured person to live in the Netherlands. Under Article 6:162 of the Dutch Civil Code (BW), whoever commits an unlawful act that can be attributed to them must compensate the damage the other person suffers as a result. For road accidents, Article 185 of the Road Traffic Act 1994 (WVW) adds protection for pedestrians and cyclists (see our article on a collision between a cyclist and a car), and Article 6 of the Motor Insurance Liability Act (WAM) gives you your own right to compensation against the insurer of the motor vehicle. None of these provisions depends on your nationality or place of residence.
Which law applies to your claim depends on the type of accident and on the facts. Before a Dutch court, the Hague Traffic Accidents Convention of 1971 generally points to Dutch law for road accidents in the Netherlands, with exceptions where a vehicle registered in another country was involved; for other accidents the Rome II Regulation usually does (Article 4(1) Rome II), also with exceptions. A court outside the Netherlands applies its own conflict-of-law rules, which do not always lead to the same result. The applicable law also governs the limitation rules (Article 15(h) Rome II; Article 8 of the Hague Convention). We explain this in more detail in our overview of personal injury claims.
Which court can deal with the claim?
Many claims are settled through negotiation with the insurer, without a court. If proceedings are needed and the defendant lives or is established in an EU Member State, the Brussels I bis Regulation (No 1215/2012) applies:
- a defendant can be sued in the courts of the Member State where they are domiciled (Article 4(1));
- in matters relating to tort, a defendant can also be sued in the courts for the place where the harmful event occurred (Article 7(2)). For an accident in the Netherlands, that means a Dutch court;
- an injured party who is domiciled in an EU Member State can in principle bring a direct action against the liability insurer in the courts for the place where they are domiciled, provided a direct action is permitted and the insurer is domiciled in a Member State (Articles 11(1)(b) and 13(2)). The Court of Justice of the EU ruled this under the predecessor regulation in FBTO Schadeverzekeringen v Odenbreit (C-463/06, 13 December 2007), a case about a Dutch motor insurer.
If you live outside the EU, you cannot rely on this rule of the Brussels I bis Regulation to bring proceedings in your own country. Whether a court in your country has jurisdiction then depends on other rules, which differ from country to country. A claim against a person or insurer established in the Netherlands can in principle be brought before a Dutch court (Articles 4(1) and 11(1)(a)). We assess in each case which route is available and which is the most practical for you.
Medical evidence from your home country
The insurer will want to know what your injuries are, how they were treated and what your prospects are. That information now largely comes from doctors and hospitals in your own country. In practice:
- ask for copies of all records: emergency treatment in the Netherlands, and every consultation, scan, operation and therapy at home;
- keep an overview of your complaints and limitations, and of who helps you at home;
- do not sign a general medical authorisation for the insurer without having it checked: it may give access to more of your medical history than is relevant to the accident;
- records in a language other than Dutch or English may need to be translated. If Dutch law applies and liability is established, reasonable costs of establishing the damage and liability can qualify for compensation (Article 6:96(2)(b) BW), so keep the invoices.
What can you claim when you live abroad?
If Dutch law applies, the same heads of loss apply as for a Dutch resident. Financial loss includes both losses incurred and loss of profit (Article 6:96(1) BW): for example medical costs in your home country that are not covered, lost income from your job at home, travel costs to medical examinations and help from family members. Because you suffered physical injury, you are also entitled to compensation for non-material harm fixed on an equitable basis (Article 6:106(b) BW). See our pages on personal injury compensation and non-material damages. For road accidents, more information is on our page on road accidents.
How much time do you have?
If Dutch law applies:
- 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 (Article 3:310(5) BW);
- a direct claim against the motor insurer under the WAM becomes time-barred three years after the event that caused the damage (Article 10(1) WAM). Interruption against the insured also counts against the insurer, and negotiations with the insurer interrupt the period (Article 10(4) and (5) WAM);
- a written demand, or a written notice in which you unambiguously reserve your right to compensation, can interrupt the limitation period (Article 3:317(1) BW).
Distance and a slow recovery make it easy to lose track of these dates. More on this in our article on interrupting the limitation period.
Were you visiting the Netherlands as a tourist when the accident happened? See also Injured in the Netherlands as a tourist or visitor.
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). If liability is not established, those costs are not automatically reimbursed. We discuss this with you in advance.
Frequently asked questions
Do I have to travel back to the Netherlands?
Not for most of the claim. Correspondence, meetings and the exchange of documents can be done remotely. An independent medical examination or a court hearing may require your presence; we discuss this with you beforehand.
Can I use a lawyer in my own country instead?
You can. If Dutch law applies, a lawyer who works with Dutch law daily can assess the claim against the Dutch rules. Lawyers in both countries can also work together.
Is it too late now that I am back home?
Not necessarily. If Dutch law applies, check the dates above: the three-year period against the motor insurer runs from the accident, the five-year period from the moment you knew of the damage and the person liable. Contact us as soon as possible so that the periods can be interrupted in time.
In which language can I communicate with you?
In English, Turkish, Polish or Dutch.
Injured in the Netherlands and now back home? Call +31 70 450 0300 or send us your documents. The first consultation is free of charge and confidential.
Sources
- Regulation (EU) No 1215/2012 (Brussels I bis), Articles 4, 7, 11 and 13: EUR-Lex
- Court of Justice of the EU 13 December 2007, C-463/06, FBTO Schadeverzekeringen v Odenbreit: EUR-Lex
- Regulation (EC) No 864/2007 (Rome II), Articles 4 and 15: EUR-Lex
- Hague Convention of 4 May 1971 on the law applicable to traffic accidents: HCCH
- Article 185 Road Traffic Act 1994: wetten.overheid.nl
- Motor Insurance Liability Act (WAM), Articles 6 and 10: wetten.overheid.nl
- Dutch Civil Code, Articles 3:310, 3:317, 6:96, 6:106 and 6:162: wetten.overheid.nl
