THE NETHERLANDS
1. Actions to take immediately
after road traffic accidents
The police must be informed of any serious road
traffic injuries involving death or injury. The police will set down the details
of the accident in an official report. The personal details of all persons
involved are recorded in this report, including registration numbers and
insurance information.
It is an offence to leave the scene of an accident
without providing this information. If the police do not come to the scene of
the accident, those involved must themselves collect the names and addresses of
all relevant parties - including any
witnesses. You can use the European claim form to this end. Both parties must
sign the form. It is advisable to take photographs or make a sketch of the
accident. You can have a report drawn up
by the police afterwards.
A copy of the accident report
can be requested in writing from the Stichting Processen Verbaal
(Foundation for Police Reports) Postbus 7070, 2701 AB in Zoetermeer. You will
have to state the time and place (municipality) of the accident and the relevant
registration number(s). You will be required to pay for the report in advance.
With the consent of the victim, the police can pass
on his or her personal details to the Buro Slachtofferhulp (Victim
Support Association). If victims have sustained injuries, the association will
contact them.
If a fatality occurs in an accident, the deceased
is taken to a mortuary. The family is usually asked to identify the body. The Officier
van Justitie (Crown Prosecutor’s Office) may initiate an investigation
into the cause of death. In such cases, the Officier van Justitie must
give permission for the cremation or burial. If the remains have to be
transported abroad, the undertaker will handle the formalities.
If
the police are not called to the site of the accident, for example, when the
accident involves material damage only, you are strongly advised to use the
European Claim Form which can be obtained from your insurance company. It is
important that both parties involved in the accident sign the form because the
form is normally used as evidence. It is also important to take down the names
and addresses of any witnesses as well as to give information on the facts of
the accident. It is also advisable to take a photograph of the scene of the
accident.
NB: Do
not sign the European Claim Form if you do not understand the content!
The same applies to other statements on who is to blame for the accident. You
should not sign the form if there are differences of opinion on the facts of the
accident. In such a case it is advisable to contact the police, even if the
accident only involves damage to property.
2. Legal procedure
The basis for
compensation in traffic accidents is fault liability. However, if an accident
involves a motor vehicle (car or motor bike) and a non-motorised road user
(pedestrian or cyclist) risk liability applies. This means that the driver is
liable unless he can prove force majeure. If the pedestrian or cyclist is
younger than 14 years of age, the driver is 100% liable. If the pedestrian or
cyclists is over 14 years of age, the driver is 50% liable. The amount of the
compensation for the remaining 50% is dependent on the degree of fault of all
the parties involved.
Criminal proceedings
Road accidents may
be the result of a traffic violation. In such instances, the Officier van Justitie decides whether the person at fault will be
prosecuted or not. Once the preliminary investigation begins, the victim can
become a civil party in the criminal proceedings. The court will then decide on
the claim for damages but only if this is simple and easy to prove. For this
reason, becoming a civil party in criminal proceedings is not a very common
procedure. The submission of a joinder form is one of the ways of joining in the
criminal proceedings.
The police and the Openbaar
Ministerie (Public Prosecution Service) have joint information points at
various locations throughout the Netherlands. Victims of road traffic accidents
can obtain information on their cases from these information points. Victims can
request that they be kept informed of the progress of any criminal proceedings.
If victims chooses to become civil parties in criminal proceedings, they do not
have to be represented by a lawyer.
Civil
proceedings
When victims do not choose to
become civil parties in criminal proceedings, or the criminal case is dismissed
or the claim for damages is complex, they can submit their claim to the civil
court. If the claim for damages amounts to less than EUR 5,000.00, jurisdiction
will lie with the canton court. Claims for damages in excess of EUR 5,000.00 are
heard in the sub-district court. The services of a lawyer are only necessary for
the latter. Reasonable legal costs come into consideration for compensation.
3. Compensation for
damages/periods of limitation
Victims can directly hold the
insurer of the other party liable. The party claiming damages must prove that he
or she has incurred damages and the scope of the damage. The evidence produced
will include invoices from doctors/hospitals, medical reports, photographs and
witness statements.
If the party responsible for
the damage is uninsured or unknown, the claim can be submitted to the Waarborgfonds
Motorverkeer (the Road Traffic Guarantee Fund).
Periods
of limitation
Criminal
proceedings
If
the victim becomes a party in criminal proceedings for compensation for damages,
the periods of limitations for criminal offences apply. The period of
limitations for traffic offences is 2 years. For traffic violations to which a
fine or prison term of less than 3 years applies, the period of limitations is 6
years. The period of limitations for traffic violations to which a prison term
of 3 to 10 years applies, is 12 years.
Civil
proceedings
The period of limitations for
road traffic accidents is 5 years from the time that the damage and the identity
of the liable party become known. The period of limitations is 20 years from the
date of the accident.
The period of limitations for
direct claims against the motor vehicle insurer is 3 years.
4. Damages to be compensated
In the event of personal
injury, in principle, only the victim is entitled to compensation for damages.
The family of the victim is only entitled to compensation if the damage incurred
by the victim is at their expense. Victims are entitled to compensation for
medical expenses (doctors,
hospitals, physiotherapy and the like) insofar as these expenses are not
compensated in any other way. Compensation may be paid for loss of income
arising from temporary or permanent impairment. Such compensation is based on
the net income of the victim. The scope of the loss of income is dependent on
the percentage of incapacity for work.
The injured victim is entitled
to damages for pain and suffering. The amount of the damages is affected by
factors such as the nature, duration and intensity of the pain, and the grief
suffered as well as the loss of quality of life.
In the event of death, the
surviving dependants are entitled to compensation for the cost of living. In
addition, they may claim compensation for the funeral expenses.
Relatives of the deceased or injured party are not entitled to damages
for pain and suffering.
5. Accidents abroad
With effect from 20 January
2003, the 4th Motor Insurance Directive has been in force regarding
traffic accidents outside your own country. Victims of traffic accidents can now
claim compensation in a simple manner from the insurer of the party at fault.
Such claims are submitted to the representative of the foreign insurer in the
country of the victim: the claims representative. Addresses of claims
representatives are available from the Information Centre. The centre can also
provide information on the compensation body that will make payment if the
insurer fails to designate a claims representative or does not respond to a
victim’s claim.
You can find additional
information on this procedure at this website.
6.Useful addresses
ANWB (Royal Dutch Touring
Club): www.anwb.nl > hulpverlening > rechtshulp
ANWB Rechtshulp (Legal Services) tel.: 070-3147788
Verkeersslachtofferlijn (Traffic Victims Helpline): tel. 070-3147766
FEVR member organisation:
Vereniging Verkeersslachtoffers (Association of Road Victims) PO Box 721,
NL.6800 AS Arnhem. E-mail:de.kroes@chello.nl. www.verkeersslachtoffers.nl
Information Centre:
Nederlands Bureau Motorrijtuigverzekeraars
Postbus 3003 -
NL 2280 MG Rijswijk. Tel: 00 31 70 340 82 80. Fax
00 31 70 340 82 01. infocentre@nlbureau.nl. Website: www.nlbureau.nl
Buro Slachtofferhulp (Victim Support Association): www.slachtofferhulp.nl
Waarborgfonds Motorverkeer (Road Traffic Guarantee Fund): www.wbf.nl.