Traffic accident with personal injury: the other party denies the charges

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June 7, 2017

Traffic accident with personal injury: ASR denies

Traffic accident with personal injury: A woman states that a traffic accident with personal injury occurred between her and an ASR policyholder on December 28, 2013.

She was a passenger, her partner was driving. The car was rear-ended by another car, driven by a man, and this car was insured with ASR.

The woman claims that she and her partner got out after the accident to assess the damage. However, the man was unwilling to fill out an accident report. According to him, the woman's car was not damaged.

After some discussion, the man got back into his car. He backed up slightly and then accelerated sharply to drive away. He hit the woman's body twice, while she was still standing next to her car.

ASR: no traffic accident occurred

ASR maintains that no traffic accident occurred on December 28, 2013. ASR refuses her injuries , and the case will go to court.

Two questions for the judge:

Question 1: Was the woman involved in a traffic accident with personal injury on December 28, 2013?

The judge thinks so:

First, the woman completed a (unilateral) accident report form, reporting a traffic accident on December 28, 2013
Secondly, on December 28 and 29, 2013, respectively, the woman and her partner filed police reports alleging the man left the scene of the accident and attempted manslaughter. These reports refer to the collision on December 28, 2013.
Thirdly, the woman has shown that the mobile phone call data shows that her partner called 112 and their car leasing company shortly after the accident on 28 December 2013.
Fourthly, the DEKRA damage report shows that damage was found at the rear of the car and that the date of the damage was stated as December 28, 2013
Fifth, the emergency room report from St. Antonius Hospital in Utrecht shows that the woman reported the accident on December 28, 2013, following a collision. The conclusion of this report states the following: "Trauma screening after a low-energy rear-end collision and two low-energy collisions outside the car. Screening revealed no abnormalities other than concussion symptoms of the thighs/pelvis." Based on the other documents in the medical file, it also appears that the hospital, general practitioner, physiotherapist, and psychologist consistently linked the incident to the collision on December 28, 2013.

“In view of this, the court has established that a traffic accident occurred on December 28, 2013 in which the woman was involved,” said the judge.

Question 2: Was the man involved in the accident on December 28, 2013?

The judge agrees and states that the man's statements are contradictory:

The man gives inconsistent statements about whether or not he was aware of the reason for the police interrogation on April 16, 2014, and whether or not he knew the woman and her partner from high school.
On April 16, 2014, he stated that he knew nothing about his whereabouts on December 28, 2013, or what he had done that day, while he made a detailed statement on March 13, 2015. This statement bears a remarkable resemblance to the statements of two witnesses presented by the man himself.
The statements made by the woman and her partner show hardly any inconsistencies.

The judge has established that the man was involved in the accident on December 28, 2013:

The woman's statement only contains an inconsistency at the point of the side where she was hit by the car for the second time
The court finds the statements of the man and both witnesses less reliable
There are no other facts that would make the woman's statement incorrect.
Finally, it has been established that the car mentioned on the accident report form is registered in the man's name.

Conclusion: ASR liable for personal injury

All of this leads the court to conclude that it can be established with a reasonable degree of certainty that the man was involved in the accident on December 28, 2013. This sufficiently establishes his involvement in the accident. ASR must compensate the woman for her injuries.

Do you have questions about your personal injury or a dispute with the opposing party?

Don't hesitate to contact us for a free, no-obligation consultation. We'll let you know as soon as possible where you stand and whether we can help. In the latter case, you can count on guaranteed free legal assistance.

(Central Netherlands Court, ECLI:NL:RBMNE:2017:2005: read the full judgment here )

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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