Have you sustained injuries in a car accident in Leiden? You can claim the damage from the responsible party via their WAM insurance. The handling follows specific traffic rules.
Who is liable in a car accident?
The driver who caused the accident bears the liability. In case of uncertainty about fault, the following is considered:
- Traffic regulations: who ignored a red light or failed to yield?
- Statements from witnesses
- Official police reports and official records
- Damage to the vehicles and the nature thereof
- Footage from dashcams if available
The role of WAM insurance
In the Netherlands, WAM insurance is mandatory for every motor vehicle. After a collision, you can:
- Directly file a claim with the counterparty's insurer
- Make use of the so-called 'direct action'
- It is not necessary to approach the driver personally
What damages can you claim?
In case of injury from a traffic accident in Leiden, you can submit various damage items:
| Type of damage | Examples |
|---|---|
| Medical costs | Deductibles, therapy, medication |
| Loss of income | Missing work, impact on career |
| Travel costs | Visits to doctors or clinics |
| Domestic assistance | If you cannot clean or cook yourself |
| Pain and suffering compensation | Compensation for pain and loss of quality of life |
| Damage to property | Damaged clothing, accessories, gadgets |
Steps immediately after an accident
- Ensure safety: park the car to the side, use a warning triangle
- Call 112 if there are injured parties
- Exchange personal and insurance details with the counterparty
- Take photos of the location and the damage
- Collect contact details of any witnesses
- Fill out a European accident report together
- Visit a doctor, even for minor complaints
Whiplash after a collision
Whiplash is a common injury in car accidents, especially in rear-end collisions. Read our specific article on whiplash for more information.
What if the perpetrator fled the scene?
If the causer does not stop after the accident, you can appeal to the Motor Vehicle Guarantee Fund in Leiden. This fund compensates damage caused by unknown or uninsured drivers.What if I am partially responsible?
In case of shared fault, your compensation is adjusted according to your share of the blame. As a cyclist or pedestrian, you receive at least half of the damage compensation thanks to the 50% rule.Is it necessary to call the police?
In case of injury, involving the police is mandatory. In case of purely material damage, this is not necessary, but advisable if the circumstances are unclear.Frequently asked questions about personal injury in Leiden
How long does it take to receive a personal injury compensation?
The processing time varies, but is often between 6 and 12 months. First, liability is determined, followed by a medical evaluation. In complicated cases or disputes, it may take longer. Ensure complete documentation (such as medical statements and receipts) to avoid delays. You can also request an advance for urgent expenses.
What to do if my claim is rejected by the insurer?
Request a written explanation of the rejection. Check if all evidence (such as police reports and medical records) has been submitted. In case of an unjustified rejection, you can object or seek legal assistance. A lawyer in Leiden can help with negotiations or litigation, often with costs reimbursed upon success.
Can I negotiate with the insurer myself or do I need a lawyer?
For minor injuries and clear liability, you can contact them yourself. For serious injuries or uncertainty about liability, a personal injury lawyer in Leiden is advisable. They know the rules for pain and suffering compensation and often achieve higher amounts. Many lawyers work on a no-win-no-fee basis, without costs in case of an unsuccessful claim.
How is the amount of pain and suffering compensation determined?
Pain and suffering compensation depends on the severity of the injury, recovery time, and impact on your life. Guidelines such as the Pain and Suffering Guide provide indications per type of injury. In case of permanent limitations or psychological damage, the amount can increase. An expert in Leiden can calculate an appropriate compensation.
What if there were no witnesses at the accident?
Witnesses are helpful, but not essential. Other evidence such as police reports, photos of the damage, dashcam footage, or a completed accident report can also help. A traffic expert can reconstruct the situation. Ensure a medical statement to link the injury to the accident.
Can I file a claim if I only felt pain later?
Yes, injuries can manifest later. Ensure you visit a doctor as soon as possible and have the connection to the accident documented. This is crucial for your claim.
Relevant authorities in Leiden:
- Court: District Court of The Hague, Leiden location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46