As a passenger in a car involved in an accident in the Leiden region, you are in a strong position. In most cases, you can have your damage compensated, regardless of who is responsible for the accident.
Favourable Position of a Passenger
As a passenger, you are not responsible for causing an accident. You have the option to claim your damage from:
- The driver of the car you were in
- The driver of another involved vehicle
- In case of uncertainty about fault: both insurance companies
Who Should You Claim From?
| Situation | Claim from |
|---|---|
| Another motorist caused the accident | WAM insurer of the opposing party |
| The driver of your own car is at fault | WAM insurer of your own car |
| Fault is not clear | Both insurers, they will settle the division between themselves |
| Single-vehicle accident without opposing party | WAM insurer of own car or SVI coverage |
Claiming Damage on Own Car
As a passenger, you can also claim damage via the WAM insurance of the car you were in, even if the driver is a friend or family member.
Exceptions: Intent or Reckless Behaviour
Your claim may be rejected in situations such as:
- You knew the driver was under the influence and got in anyway
- You encouraged reckless driving behaviour
- You were aware that the car was stolen
Not Wearing a Seatbelt
If you did not wear a seatbelt, the insurer may argue that you are partly at fault. However, they must prove that your injury would have been less severe with a seatbelt. Often, a percentage of 25% contributory negligence is applied.
Passenger Accident Insurance (SVI)
An SVI insurance provides payout to all passengers in case of injury, regardless of who is at fault. This is especially useful for single-vehicle accidents in the Leiden region.
What if I was riding with a friend who caused the accident?
You can file a claim with the WAM insurer of your friend's car. This is not a personal claim against them; the insurance handles the payment, so your relationship can remain intact.Can I claim damage as a passenger on a motorcycle?
Yes, the same rules apply. You can file a claim with the WAM insurer of the motorcycle or the opposing party. An SVI provides extra protection.What if I was in a taxi or Uber?
Taxis and Uber rides are compulsorily insured. You can file a claim with the taxi's insurer. The driver or taxi company may be held liable.Frequently Asked Questions about Personal Injury in Leiden
What does this article cover exactly?
This article is about personal injury compensation for passengers. Read the content carefully for specific information about your situation.
How can I apply this information to my case?
The content provides general guidelines. For tailored advice in Leiden, contact a legal advisor or lawyer.
Where can I find more help in Leiden?
Visit the Juridisch Loket Leiden at Stationsweg 46 or contact the Rechtbank Den Haag, Leiden location, for additional support.
How can I get help?
Contact a lawyer or the Juridisch Loket Leiden. Many organisations offer a free initial consultation.
What are my rights in case of personal injury?
As a victim, you are entitled to compensation for medical costs, lost income, and pain and suffering. Quick action strengthens your case.
Summary
This article provides insight into personal injury claims for passengers. For personal advice in Leiden, consult a legal expert.
Key Points
- Every case is different and requires specific attention
- Legal advice is crucial for success
- Quick action can strengthen your claim
- Good documentation is essential
- Support is available through local authorities in Leiden
- Your rights deserve protection