Have you been involved in a traffic accident and has the other driver driven off after the accident or does this driver turn out to be uninsured? Then a lot of uncertainty can arise. Who pays for the damage? Are you entitled to compensation? And what steps should you take immediately?

On this page we comprehensively and clearly explain when you are entitled to compensation in the case of a hit-and-run or uninsured driver, what role the Waarborgfonds Motorverkeer plays and when legal assistance is advisable.

What does leaving the scene of an accident mean?

The term leaving the scene of an accident refers to when a driver leaves the scene of a collision without disclosing his or her identity. This may involve a car, motorcycle, moped, or other motorized vehicle.

For victims, this can have major consequences, especially when:

• there is personal injury;

• no accident report form has been completed;

• the perpetrator remains unknown.

Leaving the scene of an accident is also a criminal offense, but that does not automatically mean that your damages will be compensated right away.

What is an uninsured driver?

A driver is uninsured when the vehicle was not covered by third-party liability insurance at the time of the accident. This happens more often than one might think. For the victim, this can be a difficult situation, because there is no insurer to cover the damage directly.

Even in this situation, compensation is not necessarily excluded.

Damage without a perpetrator: which situations are most common?

In practice, we regularly see the following situations:

• The driver drove off and remained unidentified;

• The license plate number was noted, but turns out to be incorrect or false;

• The driver is known, but the vehicle was uninsured;

• The vehicle turns out to be stolen;

• The registered owner was not the driver.

For all these cases: there are ways to obtain compensation for the damage, provided you take the right steps.

Who pays for the damage in the case of a hit-and-run or an uninsured driver?

A frequently asked question is: who pays for the damage in the case of an uninsured driver or after a hit-and-run?

If claiming against a regular insurer is not possible, the Waarborgfonds Motorverkeer can come into play. This fund was specifically established to compensate victims in these kinds of situations.

The Waarborgfonds Motorverkeer: what is it and when does it apply?

The Waarborgfonds Motorverkeer is a compensation body for victims of traffic accidents who cannot recover their losses from an insurer.

Conditions for compensation via the Waarborgfonds

You can apply to the Waarborgfonds if all of the following conditions are met:

1. The damage was caused by a motor vehicle;

2. The accident took place in the Netherlands;

3. The perpetrator is:

   • drove off and remained unknown, or

   • uninsured, or

   • driver of a stolen vehicle.

If you meet these conditions, the Waarborgfonds can both material damage if personal injury compensate.

Filing a report: note the strict deadline

In case of damage with no known perpetrator, is timely reporting essential.

• You must within 14 days after the accident report to the police;

• If you do not do this, you will in principle forfeit the right to compensation via the Waarborgfonds.

Make sure you describe in the report as completely as possible what happened.

Gathering evidence: why this is so important

Because an accident report form is often not completed, the following applies without exception in cases of damage without a perpetrator: whoever asserts must prove.

Important evidence includes, among other things:

• the police report;

• photos of the situation and damage;

• medical records in case of personal injury;

• witness statements;

• camera footage from the area.

The better your file, the greater the chance that your damages will be recognized.

Witnesses in hit-and-run incidents

Are there witnesses who saw the accident? Then it is important to record their details immediately. Witness statements play a major role in establishing how the accident happened and can be decisive in a claim with the Waarborgfonds.

License plate known or unknown: what does this mean?

License plate known

With a license plate, it is possible to investigate:

• who the registered owner is;

• whether the vehicle was insured;

• which vehicle it concerns.

License plate incorrect or fake

Does the license plate later turn out to be incorrect or fake? Then additional evidence, such as camera footage or statements from bystanders, can still help.

Is the registered owner always liable?

No. The registered owner is not automatically the driver. The police investigate who was actually behind the wheel. Under civil law, damages can often still be recovered, especially when the vehicle was insured, even if it remains unclear who was driving.

What if the driver is known but turns out to be uninsured?

When the driver is known but the vehicle was uninsured, the following generally applies:

1. The driver must be held liable in writing;

2. Is the damage not compensated?

3. Then you can contact the Motor Traffic Guarantee Fund.

Here too, proper substantiation of the damage is essential.

Personal injury in hit-and-run or uninsured driving

In cases of bodily injury, the consequences are often significant. Think of:

• medical expenses;

• loss of income;

• pain and discomfort;

• rehabilitation costs.

Especially in personal injury cases, it is important that no items of damage are overlooked and that your interests are carefully protected.

When is it advisable to hire a personal injury lawyer?

Hiring a personal injury lawyer is highly recommended when:

• the perpetrator fled the scene;

• an uninsured driver is involved;

• the Motor Traffic Guarantee Fund is involved;

• liability or damages is disputed.

A specialized lawyer helps with:

• collecting evidence;

• properly filing the claim for damages;

• contact with insurers and the Waarborgfonds.

The costs of legal assistance are in many cases reimbursed by the insurer or the Waarborgfonds, so you will not incur any costs yourself.

Handle it yourself or engage legal assistance?

You may contact an insurer or the Waarborgfonds yourself. In practice, however, legal assistance often leads to:

• higher compensation;

• faster settlement;

• less stress and uncertainty.

Especially in complex situations, expert guidance prevents costly mistakes.

Need help with damage after a hit-and-run or uninsured driving?

Arslan & Arslan Attorneys provides daily assistance to victims of traffic accidents. Have you dealt with a hit-and-run or uninsured driver and want to know what you are entitled to? Then feel free to contact us via the contact form on our website for no-obligation advice.