Imagine cycling along the busy Haarlemmerstraat when you are hit by a car speeding through the narrow city centre. Those first minutes already determine whether your claim for damages stands a chance later. Below are seven concrete steps that secure evidence and strengthen your position before the Rechtbank Den Haag.
1. Call the police in case of injury or unclear liability
A police report (proces-verbaal) is decisive later with insurers and the court. Ask for the report number immediately. In cases of minor material damage the European Accident Statement may suffice, but in student districts with many witnesses the police are often advisable.
2. Document the scene immediately with photos and video
Take recordings before any vehicles are moved. Focus on final positions, all damage, road markings, signs and any company vehicles. Do not forget the weather conditions either; in Leiden, fog or rain can suddenly reduce visibility.
3. Have any injuries medically recorded promptly
Whiplash or a mild concussion often only manifests after a day. Visit your GP or the emergency department within 48 hours and have everything noted. Without timely registration, causation will be difficult to prove later.
4. Collect witness statements on the spot
Ask for name, telephone number and a brief description. An independent witness from the neighbourhood carries significant weight when the other party later denies liability. You may also record a short voice memo on your phone.
5. Complete the European Accident Statement in full
Both parties must sign. Record only facts; never admit liability outright. In case of disagreement, tick “no agreement” and notify your own insurer.
6. Send a written notice of liability
Within one to two weeks, send a registered letter to the other party or their WAM insurer. State the date, location, cause and consequences. This letter interrupts the limitation period and often marks the start of any settlement of damages.
7. Instruct a personal injury specialist immediately in case of injury
In the event of injury or damage exceeding € 5,000 you are entitled to free legal assistance from a lawyer; the insurer bears the costs. The Arslan office at Stationsweg 26 in Leiden (071-5200 200) can take over your file at once and typically achieves 30–50 % more compensation than handling the matter yourself.
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). Delay causes evidence to disappear and witnesses to forget.
What if I am partly at fault? In cases of shared liability your compensation is reduced proportionately (article 6:101 BW). An experienced lawyer can often achieve a more favourable apportionment.