Imagine: you are driving along the Utrechtsebaan in Den Haag when a lorry hits your bumper from the right. Within minutes you already determine whether your damages claim will later hold up before the Rechtbank Den Haag. These seven actions build a solid legal position, even if the other party attempts to deny liability.
1. Call the police in case of injury or doubt
In the event of injury or substantial damage the police draw up an official report (proces-verbaal). That document later serves as strong evidence with insurers and the court. Always note the official report number. In cases of minor damage and clear liability, the European accident statement (Europees schadeformulier) is often sufficient.
2. Record the scene immediately with photographs and video
Take recordings before vehicles are moved:
- Final positions of all vehicles
- Damage from multiple angles
- Road surface, skid marks, signs and traffic lights
- Weather and visibility
- Registration plates and any commercial vehicles
3. Undergo a medical examination — even with minor complaints
Whiplash or a hernia often only become apparent after one to three days. Visit a general practitioner or emergency department within 48 hours and have everything recorded. Without timely medical notes, causation will later be difficult to prove.
4. Collect witness statements
Ask for the name, telephone number and a brief description from anyone who witnessed the accident. An independent witness can be decisive before the Rechtbank Den Haag. A note or voice memo on your telephone is sufficient.
5. Complete the European accident statement in full
Both parties sign. Never admit liability outright; record only facts. In case of disagreement, tick “no agreement” and involve your own insurer.
6. Send a formal letter of liability
Send a registered letter to the other party or their WAM-insurer within one to two weeks. In it you record the date, location and consequences. This letter interrupts the limitation period and is required before most damages settlements can commence.
7. Consult a personal injury specialist in case of injury or damage exceeding € 5,000
The costs of a personal injury lawyer (letselschadeadvocaat) are borne by the liable party. Professional assistance typically yields 30 to 50 per cent more compensation. Call the Arslan-kantoor in Den Haag or Juridisch Loket Den Haag for an initial consultation.
Frequently asked questions
How long do I have to act? The limitation period is five years from the moment you become aware of the damage and the liable party (article 3:310 BW). Waiting is nevertheless risky: evidence disappears and memories fade.
What if I am partly at fault? In cases of contributory negligence your compensation is reduced proportionately (article 6:101 BW). An experienced lawyer can often achieve a more favourable apportionment.