The Motor Vehicle Guarantee Fund must compensate you for your personal injury!
If you personal injury in a traffic accident and the person who caused it is uninsured or has driven away, you may still be entitled to compensation.
But you'd better legal assistance . Because arranging everything yourself is very complicated from a business perspective.
Emotions often play a major role. We often have—rightly so—very negative feelings about such a cowardly act. Or about not having insurance!
It's wiser for you to distance yourself as much as possible from all those negative emotions and focus solely on your recovery. We'll take care of the rest for you. It won't cost you a thing!
The Motor Vehicle Guarantee Fund must compensate you for your personal injury!
Many people worry that they'll be left with their injuries if the other party drives off after a traffic accident , or turns out to be uninsured. It's an understandable thought, but it's wrong!
Even if personal injury is caused by a traffic accident, but the person responsible drives on afterward or is uninsured, you can still receive almost all of your damages. This is stipulated in the law, and the Guarantee Fund established for this purpose. However, this is a complicated procedure for laypeople, requiring significant effort on your part.
Traffic accident injury and emotions
injury due to someone else's fault is already an emotional blow for many people. That becomes even worse when someone is cowardly enough to drive away after a collision, or wants to save a few euros by not being insured.
This often makes processing the traffic accident much more difficult, especially if the Guarantee Fund subsequently enters into dispute with you about the extent of your personal injury damages or the severity of your injuries.
For this reason, we advise personal injury victims to always legal assistance after a traffic accident. This way, you stay away from the “emotions” as much as possible and can focus fully on your recovery. That is often much better for you. And you shouldn't let the costs deter you either, as these must be paid by the Guarantee Fund. This makes our assistance completely FREE.
Traffic accident personal injury and guarantee fund
Strict requirements apply when assessing your right to compensation for personal injury resulting from a traffic accident. After a traffic accident, you are only entitled to compensation for your personal injury and property damage if:
- the perpetrator drove away and you cannot determine his identity or
- the car, motorcycle, moped, scooter or scooter appears not to be insured or
- the perpetrator had stolen the car and knew it was stolen or
- the car, motorcycle, moped, scooter or moped was insured but the insurance company is bankrupt or
- the perpetrator is not insured for reasons of faith and you cannot or can only partially settle your personal injury claim with him yourself.
In addition, you are subject to certain legal obligations. You must demonstrably have done everything possible to identify the person responsible for the traffic accident. And you must, for example, have filed a police report.
You must also prove that your personal injury was actually caused by a traffic accident with another motor vehicle. If the perpetrator is known but uninsured, you must have done enough to persuade them to compensate you for your injuries.
All of this is subject to the assessment of the Guarantee Fund, which aims to minimize the influx of personal injury claims resulting from hit-and-run accidents. Therefore, there is a real and indirect financial interest in denying a right to compensation.
There is a special brochure from the Motor Vehicle Guarantee Fund and a special website (SchadeZonderDader.nl) that can help you as a first cursory check to determine whether you are entitled to compensation for your personal injury.
If the Guarantee Fund grants you a right to compensation, normal traffic rules generally apply, even if the perpetrator was uninsured or drove off.
It is always essential to engage a personal injury agency!
You have been able to read how complicated it is to compensation for personal injury caused by a traffic accident.
Shortly after your traffic accident, all sorts of legal matters need to be arranged and finalized, while you're still in the "acute phase" of your recovery and processing.
One mistake in the whole investigation and you'll lose your compensation for your injuries after a traffic accident. And you can kiss goodbye to compensation for your injuries. And that's not only a financial setback, but also very frustrating for you.
We therefore ALWAYS advise victims who have suffered personal injury in a traffic accident to seek legal assistance. In the Netherlands, this is free.
You can focus on your recovery, and we'll take care of the paperwork. And even if you're unexpectedly denied compensation by the Guarantee Fund, you won't have to pay us anything. We promise!
Legal assistance with personal injury is always FREE
Under Dutch law, an opposing party is normally also obliged to reimburse your legal costs (read: our fees). This is stipulated in Article 6:96 of the Dutch Civil Code. Legally, our costs are considered part of your total personal injury damages. Therefore, our costs must be reimbursed by the opposing party separately from your own personal injury damages.
This also applies if your counterparty is the Motor Vehicle Guarantee Fund. If the Guarantee Fund grants you a right to compensation, invoices for our assistance will be sent directly and separately to the Guarantee Fund. The Guarantee Fund must also settle our costs with us directly and separately from your own personal injury claim. This effectively makes our legal assistance completely FREE.
And we promise you that there are no hidden catches. Before we start working for you, you will receive a written cost guarantee from us. It states that we guarantee you completely free legal assistance . After all, the Guarantee Fund must pay our costs. And if it turns out that you – despite our expert efforts – are not entitled to compensation, that is our business risk, not yours. Even if the Guarantee Fund does not pay our costs in full, you will not receive a bill from us either. Because free is free. Promised!
Do you need advice on personal injury?
Have you suffered personal injury in a traffic accident and need advice? Feel free to contact us. You can do so via the form on our website, by email, by phone, or even via chat. Whatever works best for you.
We'll provide you with honest and clear advice, without any obligation. Afterward, you can decide for yourself what to do with it.
Injury Van der Toorn is happy to help you, expertly and completely free of charge!
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What customers ask
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
upfront written cost guarantee with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
When can I claim personal injury damages?
You can claim damages for personal injury due to the fault of another person injury (been injured)
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to as soon as possible contact
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to without obligation us
We'll give you right away advice clear. Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
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