Compensation after a car accident: how it works
Have you been involved in a car accident and sustained injuries ? Then you want to know if you are entitled to compensation. After an accident, you are often faced with a lot: medical appointments, contact with the opposing party or an insurer, and possibly immediate financial damage.
In many cases, you can recover your financial losses (personal injury) from the liable party. Sometimes, compensation is possible even in cases of your own fault, for example through passenger accident insurance (SVI).
Want to know what you're entitled to? We'll assess your situation free of charge and provide immediate clarity.
Car accident with injuries: what should you do immediately?
After a car accident, it's important to prioritize your health. Have your injuries assessed by a doctor as soon as possible, even if your symptoms initially seem mild .Some symptoms, such as neck or back pain after an accident, may not develop until several hours or a day later.
In addition, it is wise to gather evidence. Fill out an accident report form, take photos of the situation, and note down the details of any witnesses. This may be important later when establishing liability and your right to compensation.
Are you unsure about the right steps or are you already receiving questions from an insurer? Then ask us for advice. We'll calmly and without obligation explain what's best for your situation.
When are you entitled to compensation after a car accident?
After a car accident, you're entitled to compensation if someone else is liable for the accident. This means the other driver committed a traffic violation, such as failing to yield, running a red light, or maintaining insufficient distance. In that case, you can damages for your injuries from the insurer of the liable party.
But compensation may also be possible in other situations.
Other driver is liable
Was the accident caused by someone else's traffic error? Then their insurer must reimburse your full damages. This applies to medical expenses, loss of income, and non-pecuniary damages.
You are a passenger
Were you an occupant (passenger) of a vehicle? Then, in almost all cases, you are considered an innocent third party. The insurer of (one of) the vehicles involved must compensate you for your damages, regardless of who was at fault.
It's your own fault
Even if you are (partially) responsible for the car accident, you may be entitled to compensation. For example, if you passenger insurance (SVI). This insurance often pays out regardless of liability.
Are you unsure about your position or has your insurer told you you're not entitled to compensation? We'll assess free of charge your claim,
What damages can you get compensated for after a car accident?
After a car accident resulting in injury, you are entitled to full compensation for the damage resulting from the accident. This covers not only direct medical costs, but all financial and personal consequences of your personal injury.
Medical costs and other expenses
Consider costs , physiotherapy, medications, and travel expenses to doctors. Costs for home help or necessary home modifications can also be included in compensation after a car accident. This also applies to compensation for informal care.
Loss of income and study delays
Are you temporarily or permanently unable to work due to injuries sustained in the accident? Then you are entitled to compensation for lost income. Even if you are unable to work as many hours as possible or in your studies , these damages can be included in the calculation of your compensation.
Compensation for pain and suffering in case of personal injury
You are also always entitled to compensation. This is compensation for the pain, disability, and diminished enjoyment of life resulting from the car accident. Essentially, it's compensation for your psychological damage.
The final compensation depends on your personal situation, the severity of your injury, and the duration of your recovery. We ensure that all damages are carefully documented.
Trouble with the liability insurer. What now?
After a car accident, you'll usually have to deal with the insurer of the liable party. This can lead to disputes about liability or the amount of compensation after the accident.
assesses a claim naturally
That natural reluctance sometimes causes an insurer to view your financial interests differently than you consider reasonable. And sometimes even differently than is legally reasonable.
Especially in cases of personal injury, where the personal consequences and financial stakes are significant, this tension quickly becomes apparent. This carries the risk that your compensation will be lower than possible or reasonable.
Do you feel your damages aren't being fully recognized or that the offer is too low? Or would you simply like some advice ? We'll assess your situation without obligation and clearly explain what's legally feasible.
Free legal assistance for personal injury after a car accident
Many victims are unsure whether legal assistance after a car accident. This is understandable. You don't want to be faced with additional costs on top of your personal injury claims.
In most cases, however, professional legal assistance after an accident is free of charge for you. When another party is liable, the legal costs must also be reimbursed (Art. 6:96 BW), separate from your own compensation. This means that you can be assisted by a specialized personal injury firm without this affecting your final compensation.
We ensure that your interests are carefully represented, that all damages are properly substantiated, and that your compensation is fully claimed. You don't have to delve into discussions about liability, causality, or the amount of your personal injury damages yourself—we'll take care of that for you.
Please feel free to ask for advice
Want to know what you're entitled to after your car accident? Feel free to contact us for advice.
Call, send a WhatsApp message, or request information via the form. Whatever works best for you.
Our advice is always free and you're not committed to anything. And if you subsequently ask us to help you with your personal injury claim, it's 100% free of charge.
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
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.
Stories from the field
My husband was a passenger, but received full compensation for his injuries…
Finally, vacation! Kids and bags packed in the car and off we went. Every day started so well.
In Belgium, the backseat got into a fight. So at a gas station, my husband just sat in the back to keep the peace. Around Paris, of course, it was absurdly crowded again. After that, things went wrong. Completely wrong!
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