Even if you are at fault, you will receive 100% compensation for your personal injury
Did you suffer personal injury in a traffic accident through your own fault ? And were you driving a company car? Then you'll receive 100% compensation for your injuries! If you drive a company car, it's required to have special insurance. What's special about this insurance? If you suffer personal injury in a traffic accident through your own fault, you'll always receive full compensation.
Even if you are at fault, you will receive 100% compensation for your personal injury
If you drive a company-owned (lease) car and sustain injuries through your own fault in a traffic accident, you will still receive full compensation. At least, if your employer has taken out Passenger Injury Insurance (SVI). However, this has long been mandatory in the Netherlands, based on a Supreme Court ruling .
So virtually all employers nowadays have such SVI insurance or a similar policy. And if your employer has not taken out additional insurance for you as a lease driver, you can hold your employer liable for your personal injury after a traffic accident caused by your own fault.
Standard handling of personal injury claims for traffic accidents where the claimant is at fault
Normally, you only receive compensation for personal injury after a traffic accident if another party is liable for the accident and your injuries . However, if you yourself are responsible for causing the accident, you will not receive compensation for your personal injury. After all, you are at fault, and a standard car insurance policy does not cover that. It only covers damage caused by others.
So, if you sustain a personal injury in a traffic accident during work hours through your own fault, you'll be on the losing end financially. Because no one is liable for your injury except you.
Personal injury in a traffic accident due to your own fault: SVI insurance
That's why SVI insurance exists. With SVI insurance, there's no consideration of who's at fault and liable for personal injury resulting from a traffic accident.
SVI insurance covers all personal injury damages after a traffic accident, regardless of who is at fault and liable. So it doesn't matter whether you, as the driver, caused the accident or not.
You'll definitely receive 100% compensation for your personal injury from your "own" SVI insurer, the insurer of the car you were driving when you had the accident. However, then "your own insurer" suddenly becomes "your opponent," and that's not an ideal situation for you.
Own insurance, so why still need help from a personal injury agency?
Determining and claiming compensation for your injuries from a traffic accident isn't always easy. Quite the opposite! Insurance companies have their own interests, and they don't always align with yours.
Liability insurers simply know more about personal injury than the average personal injury victim. It is simply too difficult for you to verify whether the insurer is adhering to the rules. Even if you think that your “own” insurer or your employer’s “own” insurer would never do such a thing. As soon as your “own” SVI insurer has to compensate you for your personal injury, legally speaking, it simply becomes your opposing party. With its own financial interests and its own perspective.
And even if your own SVI insurance acts properly towards you, you cannot know that. After all, you simply do not possess sufficient knowledge of personal injury claims. It is precisely for this reason that Dutch law provides for the possibility of – for you – free legal assistance for personal injury following a traffic accident. Even with SVI insurance.
Free legal assistance for personal injury after a traffic accident
Your employer's SVI insurer is also obliged to reimburse your legal assistance costs (read: our fees). This is stipulated in the Act in Article 6:96 BW. Our costs are therefore considered a separate component of your total personal injury claim.
Our invoices are sent directly to the SVI insurer, separately from your own personal injury claim. They, in turn, must settle our costs with us directly and separately from your own personal injury claim. This makes our legal assistance completely FREE for you , because the SVI insurer pays our costs.
There are “no hidden catches” for you. Before we get to work for you, you will receive a clear written guarantee from us that our assistance will be completely free of charge. You won’t even see our invoice, and you do not have to pay our costs upfront. And if the SVI insurer does not pay our bills, or does not pay them in full, that is at our risk, not yours. Because free means free!
Do you need advice on personal injury?
If you have any questions about personal injury after a traffic accident that was your own fault, please feel free to contact us. This is completely free and without obligation.
Together with you, we will determine whether you are entitled to compensation for personal injury. In almost all cases, we can tell you immediately—based purely on your own account—whether or not you are entitled to compensation for the personal injuries sustained in a traffic accident. This way, you know exactly where you stand right away.
You can call, email, or chat with us. Whatever you prefer. We'll give you honest, well-founded advice. This doesn't obligate you to anything. Afterward, you can decide for yourself what you want to do with it.
Van der Toorn Personal Injury 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).
At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront 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 if you have suffered an injury (been injured) due to the fault of another person
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 contact us as soon as possible
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 contact us , without obligation
We'll give you clear advice right away . 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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