Assistance with damage after a traffic accident in the Netherlands

Questioner

Hello, My girlfriend and I had an accident on January 4, 2013, at the border crossing from Belgium to the Netherlands. We were hit from behind by a large bus. The driver was German and claimed he didn't speak English or any other language, and we didn't speak German. The driver refused to fill out the damage report because he was driving for someone else and therefore wasn't his car. We had neck and back pain and were quite shaken up, so we didn't think to call the police. This was also because they say they don't get accidents like this anymore here in the Netherlands. We did get his name and address, and the name of his boss, but when we called, he claimed he didn't speak English and told us to call back with people who did. After a few calls, and with someone who did speak German on our side, he simply didn't answer. It's now been three months, and the agency says his insurance company claims no damage was reported to them. We have his information and photos of the accident, and we have €1,400 in damages and personal injury, yet we're constantly being told he hasn't reported anything. Is there anything that can be done about this because he just doesn't want to cooperate with us.

Questioner

Ir/Madam, First, it's important to know whether the accident occurred in Belgium or the Netherlands. The country's legal system will generally determine how the damages will be settled. If there's no evidence or witnesses to clarify the accident and the other party chooses not to disclose it, proving the other party's liability becomes a challenge. The photos taken can be essential for clarifying this. In the Netherlands, if there has been an accident with a motor vehicle and it is unknown or uninsured, it is still possible to receive compensation for the damage suffered from the Guarantee Fund. If you have any further questions, please let me know. Yours sincerely, Mr. Visser

Questioner

The accident actually happened at the border crossing, near customs. We have photos of his car and ours, as well as his name, address, and that of his boss, so we have proof that he was actually there. The fact that the car belongs to the person with that license plate is also correct, because during our initial phone call, he admitted in broken English that he knew about it. We've already contacted the police, but they say this wasn't a crime because he did leave his information. Now he's not cooperating anymore. We've been able to find out who his insurance is with. A similar company is also located here in the Netherlands, and they're arranging everything, but the German company is only telling us that the damage still hasn't been reported. This is essentially a crime, because he refuses to cooperate with us, and his insurance isn't doing much about it either.

Questioner

Ir/Madam, Assuming the accident occurred in the Netherlands, Dutch law applies in your case. As you will understand, Belgian law generally applies if the accident occurred on Belgian soil. You may confront the motor vehicle insurer with evidence you have of the accident caused by their policyholder. We might then expect the insurer to process your damages, even without the cooperation of their own policyholder. The driver's failure to cooperate in dealing with the consequences of the accident will have to be resolved through civil law. Therefore, the police will not take much action under criminal law. The foreign insurer can also request a Dutch insurer to settle your claim. The damage to the car, as well as the injuries you both sustained, will then need to be documented. It's important that a doctor/therapist can provide this information for compensation, and they will therefore need to have seen you address the issue. Hopefully, the complaints and limitations will then be resolved quickly, but of course, we can't guarantee this. In case of personal injury, all additional expenses and assistance (paid or unpaid) required as a result of the accident, as well as lost income, must be reimbursed by the liable party. You are also entitled to a personal injury specialist who can represent your interests against the insurer. In the Netherlands, this specialist can work free of charge because the costs incurred are also recovered from the liable party. I hope this explanation has been helpful to you. Yours sincerely, Mr. Visser

Questioner

Thank you so much!

Questioner

Following the sound advice from my colleague Mr. Visser, I'd like to point out the following. Especially if your damages already amount to €1,400, it's worth trying to recover them. My experience in these types of cases shows that it takes a long time to settle the claim, but it's usually successful. A foreign counterparty can usually be sued through their Dutch representative. Therefore, I advise you to seek legal assistance. The costs are usually recovered, or they work on a no-win-no-fee basis, meaning you only pay if compensation is paid. You can contact me directly or one of the lawyers on this site for this, without obligation, for example, via the "direct contact" link you'll see with this answer if you're logged in.

Questioner

Dear questioner, First of all, I wish you and your girlfriend a speedy and complete recovery. In addition to the previous advice, I note that your insurer cannot deny liability solely on the grounds that their insured failed to report the damage. If you can demonstrate, for example, through witness statements (including your girlfriend's) and photos, that the other party is liable, they will have to acknowledge liability. Secondly, you don't need to contact the German insurer. Under the Motor Vehicle Liability Act (WAM) guidelines, you can contact the Dutch representative of that company. This representative will then handle the claim. If the accident occurred in the Netherlands and the other party accepts liability, the damages can also be settled under Dutch law. It's important to have assistance from an experienced personal injury lawyer. Legal fees are part of the damages and must be reimbursed by the other party's insurer. This is only different if legal proceedings are necessary.

Questioner

Ok thanks, I will continue with the Dutch company.