Personal injury after a road accident

Safety, care and information

First bring yourself and others to safety, and call the emergency services in an emergency. Have injuries medically assessed. Then, where it is safe, record names, contact details, registration numbers and insurance details. Ask witnesses whether they will provide their contact details.

Photos of the location, vehicles, road signs and damage can help later. Describe the directions of travel and what you personally observed. Check an accident form before signing it. Disagreement about fault need not prevent you from recording factual information.

• Put safety and appropriate medical help first.
• Record those involved, registration numbers, insurance and witnesses where it is safe to do so.
• Keep original photographs and the checked accident report form.
• Ask which route fits your position as a driver, cyclist, pedestrian or passenger.

Who can you approach?

When damage is caused by a motor vehicle, that vehicle's third-party liability insurer may be an important point of contact. The right route depends on your position and the circumstances. In certain situations, cyclists and pedestrians have additional legal protection in relation to motor vehicles. Eigen recht tegenover WAM-verzekeraar — ECLI:NL:RBNHO:2025:3972 ↗

There are also special possibilities for passengers. Have someone investigate which insurer can handle the losses. Where a person has driven away or is uninsured, the Waarborgfonds Motorverkeer may have a role, subject to conditions. The fact that the other person is unidentified does not by itself make compensation automatic.

Keep track of recovery and losses

Report the accident to your own insurer in accordance with the policy terms. Keep records of medical appointments, travel expenses and missed working hours. Also note symptoms that only become apparent later and discuss them with your healthcare provider. A consistent timeline helps the assessment.

Acceptance of liability does not automatically answer every question about the amount of the losses. The connection between symptoms and the accident may also be investigated. If there is a disagreement, ask for a written explanation and have the time limits applicable to your claim assessed in good time. WAM 10 en BW 3:317 — Hof Arnhem-Leeuwarden, ECLI:NL:GHARL:2015:7098 ↗ BW 3:310: daadwerkelijke bekendheid — Hoge Raad, ECLI:NL:HR:2020:1603 ↗

Your position in traffic helps determine the route

A driver colliding with another car, a cyclist hit by a car and an injured passenger do not start with exactly the same legal questions. First record your own position, each person's type of vehicle and the purpose of the journey. The legal category can be particularly relevant for electric vehicles; do not rely solely on the name someone uses.

If the accident happens while working, employer liability or insurance through work may also need attention alongside traffic law. Different contact points may apply for a foreign vehicle or an accident across the border. This article is a starting point for accidents governed by Dutch law. Establish which rules and parties apply before comparing your situation with a random example online.

A useful description of the collision

Describe the moments before, during and after the collision separately. State which road you came from, where you were travelling, what visibility was like and which traffic lights or signs you saw. Do not give an unsupported precise speed if you are only estimating it. You can explicitly say that something is an estimate. A simple sketch showing travel directions can make a long description clearer.

Keep photos in their original files and note where you took them from. A close-up of a dent tells a different story from an overview of the junction. Ask witnesses what they actually saw: the collision, a preceding manoeuvre or only the aftermath. These differences need not make a statement worthless, but they should remain visible to the person assessing it.

Your own insurance alongside the liability claim

Check which insurance policies you have and report the accident under their terms. Legal expenses insurance can provide legal help; depending on the policy, passenger damage insurance may offer different possibilities from liability insurance. Ask the insurer which product you actually have. People sometimes use passenger insurance and accident insurance interchangeably, although their cover differs.

Keep all payments and settlement statements in your file. Tell your representative which insurer has already paid and for what, so they can assess how the payments interact. Do not assume yourself that every payment must be deducted, or that it can always remain alongside the claim. That depends on the insurance, the loss item and the applicable rules.

Symptoms after the shock and an unclear first day

After an accident, your attention may mainly be on other people, the car or getting home. If you notice symptoms later, describe both their onset and development to your healthcare provider. Also note what you could initially still do and what became more difficult later. Do not rewrite a timeline afterwards to produce a simpler story; the actual development is precisely what matters.

Pain, concentration difficulties or fear of traffic are not reasons to diagnose yourself on a website. Discuss healthcare questions with a professional. For your file, you can record specifically which activities you cannot manage, which appointments you miss and what help you need. Medical assessment and the legal connection with the collision are separate questions investigated using appropriate information.

Discuss outstanding issues rather than one vague total

If there is a dispute, ask the insurer what has not been established: the circumstances, liability, a particular loss item or the relationship between symptoms and the collision. Refusing a taxi fare does not necessarily mean all liability is denied. Separating disputed issues lets you provide targeted evidence and discuss whether an undisputed amount can already be paid.

Ask for an offer to be broken down into losses already incurred, future losses, pain and suffering, and costs. Check which advances have been taken into account and whether you are being asked to give a final release. A damaged bicycle can sometimes be settled quickly while the injury remains unclear. Make sure the writing clearly states what is and is not being settled, and have the wording checked if it extends beyond your intention.

Preserve evidence when repairing or replacing property

A vehicle sometimes needs to be moved or repaired quickly. Before repairs, ask what inspection or documentation the insurer requires. Keep a damage report, quotation and photos of relevant damage. Do not omit necessary safety measures to preserve evidence; instead record why there was urgency and what information you could still capture. Ask your representative how conflicting requirements can be resolved.

Also keep damaged clothing or a helmet where practical and potentially relevant. A photo does not always show the full damage. List items you discard and record why retaining them was unreasonable or unsafe. Resolving vehicle damage and medically assessing an injury serve different purposes; a limited assessment of bodywork damage does not automatically determine what symptoms the collision caused.