Involved in an accident as an expat living in the Netherlands

Living as an expat in another country is a special experience. You are introduced to a different culture, food, and ways of doing things. It is not always easy. You may be faced with problems that you do not really know how to solve because you are unfamiliar with the laws and rules of the country. What should you do, for instance, if you are involved in an accident while living as an expat in the Netherlands and suffer an injury? We will be happy to explain everything to you.

Direct legal assistance

You have suffered injuries in an accident while living as an expat in the Netherlands. You want to know what you should do. Our lawyers are there to discuss your situation with you. If you are eligible for compensation, we can take over the claim for you immediately. Please provide your name and phone number in the contact form and give details of the accident. We will call you back the same working day.

What are your rights as an expat?

You intended to spend a number of months or years in the Netherlands as an expat. You arranged everything: a home, a job, proper insurance. One day you are injured in an accident. Naturally, you are entitled to the same rights as any other citizen. The problem is, you do not know what these rights are in the Netherlands. 

In most cases you are eligible for compensation if you have been in an accident. Even if you are partly to blame for it. And in some cases even if you are entirely to blame for the accident, for instance if you are driving to a client and lose control of your vehicle and crash into a tree. In that case, your employer will be liable for your personal injury. Or if you are riding a bike and are hit by a motor vehicle because you forgot to signal before making a turn. In that event, the driver of the motor vehicle is required to compensate at least 50% of your damages. Note that this liability rule only applies if you are involved in an accident with a motor vehicle as a pedestrian or cyclist.

Moreover, in the Netherlands you are entitled to free legal advice and legal assistance in case of personal injury. Under Dutch law, the insurer of the other party must also reimburse the extrajudicial costs incurred in engaging the services of a personal injury firm. After all, if you had not sustained injuries in the accident, you would never have had to seek legal assistance. That is why our lawyers always provide their services to personal injury victims free of charge.

Please note that a personal injury firm is not prohibited from charging a fee

Under Dutch law, a personal injury firm may provide its services to you free of charge, but it is not obliged to do so. Some personal injury firms offer a ‘no cure, no pay’ agreement. This means that you agree to pay the firm a share of the settlement amount you receive if the claim is settled successfully. We think this is unfair because you should be entitled to the full settlement amount. Besides, we can claim our extrajudicial costs from the insurer of the other party anyway.

You will not be charged anything, even if the claim is not settled successfully. Since there are firms that do charge their clients, we advise you to carefully read their terms and conditions before engaging their services.

Who can you hold liable for your personal injury?

Now you know that in most instances you are eligible for compensation in case of personal injury, who can you hold liable in your situation? Imagine:

• You are hit by a car when walking on a pedestrian crossing.
• You get injured at work.
• You are bitten by a dog in a park.
• You slip on a recently cleaned floor in the supermarket that does not have a warning sign.
• You trip over a loose pavement slab.

In these instances, you are usually eligible for compensation from:

• the car driver
• your employer
• the dog owner
• the supermarket
• the municipality.

For most accidents in which you are injured, somebody else may be held liable for your damages. Even if you are hit by a motor vehicle in a hit-and-run accident or if the perpetrator has no insurance. In the Netherlands the Waarborgfonds Motorverkeer (Motor Traffic Guarantee Fund) was set up for this purpose. You may make a claim to this fund, provided that you meet three strict requirements:

1. You must have been hit by a motor vehicle. This also includes a scooter, mobility scooter, e-bike, or electric scooter.
2. There must be at least one witness to the accident. If there were no bystanders at the time of the accident, you may for instance try and obtain video footage from street cameras.
3. If you were unable to write down the licence plate number, you must report the accident to the police right away. If you did manage to write down the licence plate number, you must report the accident to the police within 14 days.

Please contact us if you want to find out who you may hold liable in your specific situation. Our lawyers will be happy to tell you.

What damage may be compensated?

Now you know that as an expat in the Netherlands you are usually eligible for compensation if you get injured in an accident, which damage is eligible for compensation? The other party is liable to compensate all direct and indirect damage. This includes for instance:

• Lost income because you are unable to work for a while and your employer will only pay 70% of your wages during this period.
• Medical expenses including insurance deductibles and costs that are not covered by your health insurance, e.g. physiotherapy.
• Costs of travelling to and from doctor’s appointments etc.
• Domestic help, even if you receive help from family, friends, or neighbours.
• Costs for things that you cannot use, e.g. tickets to concerts you are unable to attend because of your injuries, or a sports subscription that you are temporarily unable to use.
• Damage to your personal belongings caused by the accident, e.g. to your clothes, glasses, or laptop.
• Damages for emotional distress suffered in the form of pain, distress, and temporary reduced enjoyment of life due to your injuries and the accident.

This is only a fraction of the damage that may be eligible for compensation. 

Calculating your compensation is a complex legal affair. That’s why we always advise you to engage the services of a personal injury lawyer if you have been involved in an accident.

How do you claim the maximum compensation?

If you suffer a personal injury as an expat in the Netherlands due to an accident, you will be confronted with myriad laws and rules with which you are not familiar. We therefore advise you to always seek legal assistance if you want to claim compensation. Obtaining our legal assistance gives you the following benefits:

• You do not need to familiarise yourself with complex Dutch legislation and do not have to conduct legal discussions with the insurer about the accident, your injuries, and the damage you have suffered.
• You can focus on your recovery while your dedicated lawyer takes charge of everything.
• You are always kept informed of the progress of your personal injury claim.
• You receive the maximum compensation because your dedicated lawyer knows exactly what you are entitled to.
• You receive completely free legal assistance because we can claim our extrajudicial costs from the other party’s insurer.

Being involved in an accident in the Netherlands as an expat may be a highly upsetting experience. Your dedicated lawyer realises this and will consider your wishes and needs. After all, this is about you; you are the injured party. We will be glad to help you leave this experience behind and get the compensation to which you are entitled.

If you want to find out more about the legal services we provide or if you want to engage our services for your personal injury claim right away, please complete the contact form and provide us with your name and phone number. Give details of the accident and damage you have suffered. One of our lawyers will call you back the same working day.