Imagine you are hit by a motor vehicle. The perpetrator decides to drive away without revealing their identity. In this case, there is damage without a known perpetrator. In another case, the perpetrator may be known, but turns out to be uninsured. Who covers the damage suffered as a result of this?
The Motor Traffic Guarantee Fund is a Compensation Organization for victims who have suffered damage caused by a motor vehicle such as a scooter, car, or tractor and cannot seek compensation from an insurer for that damage. To be eligible for the Motor Traffic Guarantee Fund, certain conditions must be met, namely:
1. The damage must be caused by a motorized vehicle
2. The damage occurred in the Netherlands;
3. The person who caused the damage is uninsured, has fled the scene, or it involves a stolen vehicle.
'He who asserts, proves'
In such a matter, it is crucial to gather evidence immediately after the accident. The rule ‘he who asserts, proves’ applies here as well. In such cases, there are several options to still be able to prove that you were actually involved in an accident and therefore are entitled to compensation, even if no accident report has been filled out.
1. Report
After the accident, it is best to contact the police immediately to file a report regarding the incident that happened to you. It is important to do this as soon as possible after the accident. There is a strict requirement from the Motor Traffic Guarantee Fund for this. According to the Motor Traffic Guarantee Fund, the report must be filed within 14 days of the accident. If no report is filed within the specified period, unfortunately, your right to compensation expires.
2. Witnesses
Are there other people who witnessed the accident? Exchange information with those individuals immediately. With the help of the report and the witness statement(s), it can be demonstrated that you were indeed involved in an accident. If the above is also confirmed by the Motor Traffic Guarantee Fund,
What if the perpetrator did not flee but turns out to be uninsured?
There are also situations where the perpetrator and the license plate are known, but the vehicle is uninsured. Even in such a case, it is possible to claim compensation for your damages. The condition that applies here is that, first and foremost, the perpetrator must be held liable in writing. If the damage is not compensated by the perpetrator, you can then turn to the Motor Traffic Guarantee Fund.
Arslan & Arslan Advocaten assists clients on a daily basis in such situations. If you or someone you know is dealing with this, do not hesitate to
