- A single-vehicle traffic accident involves an accident with only one vehicle, which brings specific legal challenges.
- Liability in single-vehicle accidents is often complex; sometimes the driver is personally liable, but in certain situations the employer or another party may also be held responsible.
- You can claim various types of damages, including medical expenses, loss of income, household help, pain and suffering compensation, and future damages.
- The SVI insurance (Compensation Scheme for Insurance Companies for Incidental Damage) can provide a solution if there is no liable third party.
- Arslan & Arslan Attorneys assist you in determining liability, calculating your compensation, and negotiating with insurers, without requiring any advance payments from you.
- It is crucial to quickly engage a specialized personal injury lawyer to strengthen your position and optimally protect your rights.
What is a single-vehicle traffic accident?
A single-vehicle traffic accident is an accident involving only one vehicle that causes damage or injury. This could be, for example, a car running off the road, hitting a tree, or skidding without other vehicles being directly involved. Although these types of accidents may seem less complex than collisions involving multiple vehicles, they often entail legal complications, especially when it comes to establishing liability and obtaining appropriate compensation.
The term “single-vehicle” does not mean that there cannot be third parties liable, such as an employer or a road authority. Therefore, it is important to carefully investigate the circumstances of the accident. This article discusses in detail the legal aspects surrounding single-vehicle traffic accidents and how you can secure your compensation.
Liability in a single-vehicle traffic accident
Liability in single-vehicle traffic accidents is often complicated. Unlike accidents involving multiple vehicles, there is no other party who can be directly held responsible. The main rule is that the person who caused the accident is personally liable for the damages. This means that, in principle, you must claim damages from your own insurer, usually through the WAM insurance (Wettelijke Aansprakelijkheidsverzekering Motorrijtuigen), which is the Dutch mandatory motor vehicle liability insurance.
However, there are situations where liability is not straightforward. Consider circumstances where the accident was partly caused by a dangerous road, poor maintenance, or a fault of a third party. In such cases, for example, the road authority or a manufacturer of defective road furniture may be liable. The employer may also be liable if the accident occurred during working hours or work activities (article 7:658 BW of the Dutch Civil Code, which governs employer liability).
At Arslan & Arslan Attorneys, we have extensive experience investigating the cause of accidents. We often collaborate with experts and forensic specialists to conduct thorough traffic accident analyses. This is essential to establish correct liability, especially if the insurer disputes responsibility.
What damages can you claim after a single-vehicle traffic accident?
After a single-vehicle traffic accident, a complex range of damages often arises that you can claim. It is important that all damages are properly and fully documented to obtain appropriate compensation. The main types of damages are:
- Medical expenses: This includes all costs for hospital stays, treatments, therapies, medications, aids, and any home modifications. Always keep all invoices and medical reports.
- Loss of income: The difference between your income before and after the accident, including wage loss during sick leave and any future income loss due to permanent disability.
- Household help: Compensation for assistance with household tasks you can no longer perform yourself due to your injury, such as cleaning, cooking, and shopping.
- Travel expenses: All costs for traveling to doctors, therapists, and other care providers, such as public transport or taxis.
- Pain and suffering compensation: Compensation for non-material damages such as pain, grief, anxiety, and loss of enjoyment of life. For example, in whiplash cases, compensation typically ranges between €3,000 and €12,000; for bone fractures, it can reach €10,000 or more depending on severity.
- Future damages: For permanent injuries, future damages are also calculated, such as future income loss, required care, and lifestyle adjustments.
It is crucial to engage a specialized personal injury lawyer who thoroughly analyzes your situation and includes all relevant damages in the claim. Read also our extensive article on calculating personal injury damages in traffic accidents.
Compensation via the SVI insurance in single-vehicle accidents
In some cases, there is no liable third party or the third party is uninsured in a single-vehicle traffic accident. For example, with an unknown perpetrator or damage not covered by the WAM insurance. In such situations, the SVI insurance (Compensation Scheme for Insurance Companies for Incidental Damage) offers a solution.
The SVI insurance covers damages to persons who cannot be compensated through another insurer, for example, in hit-and-run cases or accidents caused by an unknown party. This means victims of a single-vehicle accident can still receive compensation for their personal injury even if the perpetrator cannot be identified.
The procedure through the SVI fund can be complex and requires good knowledge of the regulations. Arslan & Arslan Attorneys guide you in submitting the claim and ensure you receive what you are entitled to.
If you want to know more about compensation for hit-and-run and unknown perpetrators, see our article on hit-and-run traffic accidents and the guarantee fund.
Employer liability in single-vehicle accidents during working hours
If you were involved in a single-vehicle traffic accident during working hours or while performing work duties, your employer may be liable under certain conditions. This is regulated in article 7:658 BW of the Dutch Civil Code. The employer is obliged to provide a safe working environment and is liable if they fail in this duty of care.
Examples where the employer may be liable include:
- The vehicle was technically faulty due to poor maintenance.
- The employer gave unsafe instructions or forced you to perform risky actions.
- The employer did not adequately supervise driving conditions.
If your employer is liable, you can claim your damages directly from them. This is often advantageous because the employer usually has good insurance and there is no deductible or reduced compensation due to your own fault.
Arslan & Arslan Attorneys assist you in establishing employer liability and submitting your damage claim.
What can you do yourself after a single-vehicle traffic accident?
After a single-vehicle traffic accident, it is important to take immediate action to secure your rights and build a strong damage claim:
- Always visit your general practitioner or emergency room: Even if you think your injury is minor. Some complaints, such as whiplash or concussion, only become apparent later.
- Take extensive photos: Photograph the accident scene, damage to your vehicle, road conditions, and any traffic signs.
- Record witness details: Ask for names and contact information of people who saw the accident.
- Keep all receipts and invoices: For medical costs, travel expenses, and other costs related to the accident.
- Engage a specialized personal injury lawyer as soon as possible: Your lawyer can immediately start gathering evidence and informing involved parties.
Good documentation is essential to realize a strong single-vehicle traffic accident compensation claim.
How does Arslan & Arslan Attorneys assist you with personal injury after a single-vehicle traffic accident?
Arslan & Arslan Attorneys have extensive experience with personal injury cases, including single-vehicle traffic accidents. We fully support you throughout the compensation process:
- Establishing liability: We investigate the cause of the accident and determine which party is liable.
- Mapping damages: We collect medical data, calculate loss of income, and document all relevant damages.
- Negotiating with insurers: We ensure you receive fair compensation, including pain and suffering and future damages.
- Litigation if necessary: In case of dispute, we represent you in court to protect your interests.
- Free legal assistance: Under article 6:96 BW of the Dutch Civil Code, the liable insurer pays all your lawyer’s costs. You do not have to pay any advance fees.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always nearby. Our specialized personal injury lawyers are ready to optimally represent your interests.
Frequently asked questions about single-vehicle traffic accident compensation
Does a personal injury lawyer cost me money?
No. Under article 6:96 BW, the liable insurer reimburses all reasonable legal assistance costs. You do not pay any advance or personal contribution.
How long does a personal injury case after a single-vehicle traffic accident take?
The duration depends on the severity of the injury, the complexity of liability, and the cooperation of the insurer. Simple cases can be resolved within a few months; complex injury cases, such as those involving permanent disabilities, can take years.
Can I still get compensation if I am partly at fault for the accident?
Yes, in cases of contributory negligence, compensation is often reduced proportionally to your share of fault. However, if you are a cyclist or pedestrian, you often receive at least 50% of the damages. This is regulated by law.
What is the difference between pain and suffering compensation for whiplash and bone fractures?
Pain and suffering compensation is for non-material damages. For whiplash, compensation usually ranges between €3,000 and €12,000, depending on severity and duration of complaints. For bone fractures, the amount can be higher, sometimes up to €10,000 or more, especially if there is permanent disability.
Can my employer be liable in a single-vehicle traffic accident during working hours?
Yes, if the accident occurred during working hours and there was a breach of the employer’s duty of care (article 7:658 BW), your employer can be liable. This may be the case with poorly maintained vehicles or unsafe work instructions.
Read also
- Personal Injury Lawyer in Rotterdam
- Personal Injury after Car Accident: Complete Guide
- Whiplash in Rear-End Collision: Compensation
Contact Arslan & Arslan Attorneys without obligation for a free initial consultation and professional support with your personal injury case after a single-vehicle traffic accident. We are ready to represent your interests and secure fair compensation. Click here to get in touch.