Legal Advice on Personal Injury after a Collision

Questioner

I was hit from behind by another driver in February 2019. I had been stopped for some time at a zebra crossing with pedestrians coming from both sides. There wasn't a car behind me for the entire time. Suddenly, I was hit from behind with a loud bang by a car coming around the bend. I was stopped, and he was driving at what I estimated to be 40-50 km/h. He immediately admitted it was his fault, that he was trying to get into town quickly and hadn't seen me. We signed the forms. Later, he falsely stated to his insurance company that he had stopped behind me, that I accelerated and suddenly braked, that he also accelerated and had to brake but skidded on the wet pavement. His speed, according to him, was 5-9 km/h. It wasn't even raining at the time. There are no cameras on that street. Because he made a false statement, his insurance company is unwilling to cooperate in the personal injury case. They are now basing everything on the very low speed. What should you do now if there is a disagreement about speed in this rear-end collision and the false statement of the other driver?

Questioner

The person who rear-ends another person is generally at fault. They will have to demonstrate that there are circumstances that could have been otherwise. I think you have a good case and shouldn't let the other party's insurance company fob you off.

Questioner

Good morning, I read your story. First of all, I would like to wish you strength in your recovery. In principle, the person driving behind you is liable. This is no different if you accelerate and come to a stop shortly afterward. No two accidents are the same. The situation you describe is complex, and it's difficult for me to provide a conclusive answer in a few sentences. Therefore, I would like to contact you personally to discuss the situation in detail. As an advocate for accident victims, I can, as a lawyer, provide you with guaranteed free legal assistance and help you recover your costs and damages. Attention, understanding and communication are always my starting point. If you need this information, please contact me. I'm happy to help.

Questioner

Dear Sir/Madam, From your explanation, I gather that liability is not in dispute. I understand that the insurer responsible for handling your claim (the third-party liability insurer of the person who caused the accident) is unwilling to cooperate in the claims settlement process. According to the insurer, the accident involved a low impact (low delta-v). Unfortunately, some insurers want to challenge the injuries sustained and the resulting damages in these types of situations. These are often situations where the victim suffers from non-objectifiable complaints (complaints whose cause, for example, cannot be determined by X-ray). The most common category is complaints of the neck, back, and/or shoulders (also known as whiplash or WAD-like complaints). It's unclear to me whether you also suffered an injury. In any case, the insurer's position in this case is incomprehensible, because even in an accident with a low impact (delta-v), people can suffer complaints. Therefore, don't let the insurer simply dismiss you. The insurer bases its position on the story of its insured (the person who caused the accident). This insured is not a doctor. Moreover, this is a party witness, and that statement cannot constitute evidence in her favor, unless it serves to supplement incomplete evidence (Article 164, paragraph 1 of the Code of Civil Procedure). You deny and dispute that the person who caused the accident was driving at a low speed. This means that the insurer's story lacks merit. The burden of proof, pursuant to Article 150 of the Code of Civil Procedure, rests with the insurer. I advise you to point this out to the insurer. The insurer must compensate your damages because there has been a violation of Article 19 of the Traffic Regulations and Traffic Signs Regulations, and its insured is liable under Article 6:162 of the Dutch Civil Code. You must substantiate your damages if you want to recover them from the insurer. If the insurer disputes the relationship between your damages and the accident, it is wise to engage a specialized personal injury lawyer. They can point out to the insurer that their current position is untenable. The personal injury lawyer can also help you recover your damages. The costs of legal assistance are eligible for reimbursement under Article 6:96, paragraph 2 of the Dutch Civil Code. A personal injury lawyer can therefore work for you free of charge. You can, of course, also engage a lawyer or a so-called specialist. They cannot (or only to a limited extent) litigate on your behalf. Furthermore, such parties sometimes have secret agreements with insurers (for example, a personal injury agreement) that can be detrimental to victims. As a personal injury lawyer, I am completely independent and act solely in the best interests of victims. Could you use my assistance? Feel free to contact me. You can find my contact information by clicking on my name on the right side of your screen. Yours sincerely, Marcel Schreijer