Accidents can happen easily. Whether it's a traffic accident, property damage, or injury due to medical error, determining who is liable and which insurance company should cover the damages is often a complex legal issue. In this blog post, we discuss the most important aspects of property insurance and what you can do to protect your rights.
Insurance and liability
The insurance that covers the damage depends on who is liable and the type of damage. Below, we discuss some common situations:
1. Damage caused by a traffic accident
In traffic accidents, motor vehicle liability insurance (WAM insurance) usually applies. The driver who causes the accident is generally liable. If the other party is at fault, their insurance will cover the damages. Note: additional rules and compensation sometimes apply for personal injury.
2. Damage to your property by third parties
Did a friend accidentally break your phone? Or did your neighbor damage your fence? In such cases, personal liability insurance (AVP) is relevant. This insurance covers damage that someone unintentionally causes to another.
3. Damage in the workplace
In the event of a workplace accident, the employer may be liable. In such cases, the employer's business liability insurance (BAV) often comes into play. It's important to know that employers in the Netherlands have a far-reaching duty of care for their employees.
4. Damage due to medical errors
Are you experiencing damage due to a medical error? Then you can hold the healthcare provider or hospital liable. In most cases, the healthcare provider's professional liability insurance will cover the damage.
What if the liable party is not insured?
Sometimes the person who caused the damage turns out to be uninsured. In that case, you may be entitled to:
- The Motor Vehicle Guarantee Fund : For situations in which an unknown or uninsured driver causes damage.
- Your own insurance : Some insurance policies, such as comprehensive car insurance or home contents insurance, provide coverage for certain types of damage regardless of third-party liability.
Tips for recovering damages
- Create immediate evidence : Collect photos, witness statements, and document the situation.
- Hold the other party liable : Do this in writing and as soon as possible.
- Check your policy conditions : Check whether your own insurance may provide cover.
- Consult a lawyer : In complex cases, legal advice is essential.
Conclusion
The insurance that covers the damage depends on the situation and the extent of liability. It's important to take immediate action and understand your rights. If you're unsure about your options, you can always consult a legal advisor or legal aid center for assistance.
