What to do after a collision?

Someone who is not paying attention while you are standing still at a traffic light, a motorist who does not give way or a cyclist who runs a red light and hits you. Many collisions happen every day. The question then is what you can do to recover your damages.

When thinking about damage, many people think of damage to the car or bicycle. But you can also be injured because of a car accident, scooter collision or bicycle accident. The question then is what to do to recover personal injury damages.

Who is guilty and liable in a collision?

If you have been hit in a car or on a bicycle, the first question to be asked is who is at fault for the collision. This question is answered by law. But often it is already clear who is to blame for the collision. For example, in the event of a rear-end collision. If you are hit from behind because someone sees the traffic jam on the highway too late, then the person riding behind you is to blame for the accident.

Sometimes it is more difficult to determine who is at fault for a collision. Then it may be wise to seek the help of a personal injury lawyer. For example, a personal injury lawyer in Rotterdam (Dutch: letselschade advocaat Rotterdam) if you have been hit by someone in this city.

The person who hits you is of course liable for the damage you suffer because of the collision. But in many countries, there is compulsory insurance for motor vehicles. For example, a directive is active within the European Union. This directive regulates liability for damage resulting from a traffic accident. Based on this guideline, in many countries, including the Netherlands, you can immediately submit a claim for damages to the insurer of the motor vehicle that caused you to be hit.

What damage is reimbursed after a collision?

Once you have successfully held the other party liable for your personal injury, you are entitled to personal injury compensation. But what does compensation after a collision consist of?

Personal injury consists of various types of damage items. However, this damage can be divided into 2 main groups, material damage items and immaterial damage items. Non-pecuniary damage is also called compensation for damages. (Dutch: smartengeld)

Material damage is all damage that we can value in terms of money. A well-known example of material damage is income damage because of disability. Because a collision may prevent you from working temporarily or even at all. Your employer may continue to pay you temporarily, but at a certain point the obligation to continue paying will end and you will have to rely on benefits or there will even be no income at all. For example, if you are a self-employed entrepreneur without employees.

It also happens that the injury victim can no longer study due to a collision. This will result in a study delay. The damage associated with this is also eligible for compensation. Because of the delay, the student will enter the labor market later than planned.

Other material damage items include medical costs, travel costs, costs incurred during a hospital admission and costs for domestic help because the injury victim can no longer (fully) carry out his or her household duties due to the collision.

The most important characteristic of damages is that this damage cannot be valued in monetary terms. Compensation for damages is compensation for, among other things, pain, psychological complaints, and anxiety complaints that someone has suffered from a collision.