This page is about the symptoms and recovery after a collision, and about how to record how they develop. The legal side, such as liability and compensation, is covered briefly with further references.
Symptoms after a collision
Whiplash is not a diagnosis of visible damage, but a collective term for symptoms that can arise after a sudden movement of the head relative to the torso, typically in a rear-end collision.
Symptoms reported include neck pain and stiffness, headache, pain between the shoulder blades, dizziness, fatigue, and problems with concentration or memory. Some people also notice irritability or sleeping problems.
Symptoms can start later. It is known that neck complaints may only appear after hours or days. The fact that you felt fine immediately after the accident therefore does not rule out symptoms developing later.
We do not give a prognosis about recovery. The course varies greatly from person to person and depends on factors that only your treating practitioner can weigh up. Ask your GP or treating doctor what to expect in your situation, and consult the patient information from your own care provider or from Thuisarts.nl.
When should you seek care?
Call 112 immediately or go to the emergency department if any of the following signs occur after an accident:
- Reduced consciousness, confusion or difficulty responding
- Loss of strength, tingling or numbness in the arms or legs
- Problems with urinating or bowel movements
- Severe, increasing neck pain, or pain that does not respond to posture or rest
- Persistent vomiting, a seizure, or double vision
- Severe headache that rapidly worsens
Contact your GP if symptoms persist, return or worsen, if you are unable to work or cannot resume your daily activities, or if you are worried. This also applies if you felt fine at first and only develop symptoms days later: have it assessed and make sure it is recorded.
You record it not in order to build a file, but because it guides your treatment. That it later also proves useful is a side effect.
Recording the course: a simple symptom log
Keep a log for as long as the symptoms last. Short and factual is better than extensive.
| Date | Activity | Limitation | Contact with care provider |
|---|---|---|---|
| 14 March | Worked all day at a screen | Increasing neck pain from 2 p.m., had to lie down after work | – |
| 16 March | Did the shopping | Unable to carry bags, turning the head painful when parking | Called the GP, appointment on 18 March |
| 18 March | – | – | GP consultation: advised to keep moving, consider physiotherapy |
| 21 March | Cancelled football training | Third training session in a row missed | – |
What a log does and does not do. It makes clear how your symptoms develop and which activities you can no longer do. It is not proof of the cause of your symptoms: whether the symptoms were caused by the accident is a medical and legal question that is answered on the basis of your medical file and an expert opinion. So write down what you notice, and do not draw conclusions about the cause in the log itself.
What else to keep: the accident statement, any police record, photos of the damage and the situation, the details of witnesses, and all medical documents and invoices.
Work and recovery
Report sick to your employer in accordance with the usual procedure, and stay in contact with the company doctor. Try to determine in consultation what you can do; partial resumption or adapted work belongs in that conversation. Record arrangements about adapted work in writing, not least because that later makes clear which limitations were at play.
If you run into problems around continued payment of wages or reintegration, see dismissal during illness for the rules on the 104 weeks and the reintegration obligations of both parties.
The legal side, in brief
If someone else is liable for the accident, you can recover your loss. This involves two types of head of damage: financial loss, such as medical costs, loss of earning capacity, household help and travel costs, and compensation for pain and suffering for the harm itself, under Article 6:106 of the Dutch Civil Code.
Three things to know right now:
- Report it to the other party’s insurer, or have that done, and keep the correspondence.
- Is the person who caused the accident unknown or uninsured? Then the Motor Traffic Guarantee Fund may come into play. Note: a period of three years from the accident itself applies there. See the Motor Traffic Guarantee Fund.
- Limitation. In personal injury cases the claim becomes time-barred under Article 3:310(5) of the Dutch Civil Code after five years from the day following the day on which you became aware of both the loss and the liable person; an absolute period of twenty years does not apply, provided the event took place on or after 1 February 2004. How to interrupt that limitation period and which dates to record is set out in limitation in medical liability cases.
How compensation for pain and suffering is determined and which factors carry weight is explained in calculating compensation for pain and suffering. Wait with a final settlement until your situation has sufficiently crystallised: a final discharge is usually irreversible.
Do you have symptoms after a collision and would you like to know where you stand legally? Contact us without obligation. First make sure your symptoms have been medically assessed and recorded.
Frequently asked questions
Can neck symptoms only start later after a collision?
Yes, that is known. Neck symptoms after a collision may only appear after hours or even days. The fact that you felt fine immediately after the accident therefore does not rule out symptoms developing later. If symptoms do develop, contact your GP and make sure the symptoms and the moment they started are recorded. That matters first and foremost for your treatment, and it makes the course of the symptoms clear afterwards.
When should I seek medical help immediately?
Call 112 or go to the emergency department in case of reduced consciousness, confusion or difficulty responding, loss of strength, tingling or numbness in the arms or legs, problems with urinating or bowel movements, severe or rapidly increasing neck pain or headache, and persistent vomiting, a seizure or double vision. Contact your GP if symptoms persist, return or worsen, if you cannot resume your work or daily activities, or if you are worried.
Does a symptom log prove that my symptoms are caused by the accident?
No. A log makes clear how your symptoms develop and which activities you can no longer do, and that is valuable. But whether the symptoms were caused by the accident is a medical and legal question that is answered on the basis of your medical file and, if necessary, an expert opinion. So note factually in your log what you notice, with date, activity and limitation, and do not draw conclusions about the cause there. Also make sure your symptoms are medically recorded from the outset.
How long do I have to recover my loss?
In personal injury cases the claim becomes time-barred under Article 3:310(5) of the Dutch Civil Code after five years from the day following the day on which you became aware of both the loss and the liable person. An absolute period of twenty years does not apply, provided the event took place on or after 1 February 2004. Note: if the person who caused the accident is unknown or uninsured and you turn to the Motor Traffic Guarantee Fund, a different and shorter clock of three years applies there, counted from the accident itself and not from the moment you discovered the consequences.
What information helps when discussing my symptoms?
A short, factual overview works best. Note per date which activity you carried out, which limitation you experienced and whether you had contact with a care provider. State when the symptoms started, how they developed and what makes them worse or better. Also include which work or daily activities you can no longer carry out and since when. That guides your treatment, and it makes the course clear afterwards. Do not draw conclusions about the cause in such an overview: that is a medical and legal question that is answered on the basis of your file.
Where can I find an explanation of the legal claim for compensation?
For the question of how compensation for pain and suffering is determined and which factors carry weight, we refer to our article on calculating compensation for pain and suffering. If the person who caused the accident is unknown or uninsured, the Motor Traffic Guarantee Fund is relevant; note the shorter period of three years there, which runs from the accident itself. For interrupting the limitation period and the dates you need to record, see our article on limitation in medical liability cases. In all cases, first make sure your symptoms have been medically assessed and recorded.