A traffic accident outside the Netherlands can be legally complicated. Which legislation applies? How do you file a claim in another country? Fortunately, there are specific rules to simplify this process.
Within the European Union
For accidents within the EU, uniform guidelines apply:
- In every EU country, a national green card office is available
- You can file your damage claim in the Netherlands via a local representative
- In general, the law of the country where the accident occurred applies
EU Motor Insurance Directive (4th)
This directive provides the possibility to file a claim in your own country:
- Foreign insurers have a representative in the Netherlands
- You can file your claim with this Dutch representative
- Communication can take place in Dutch as usual
Which Law Applies?
| Subject | Applicable Law |
|---|---|
| Liability | Law of the country of the accident |
| Damage Compensation | Law of the country of the accident |
| Pain and Suffering Compensation | Law of the country of the accident |
Important: the amount of pain and suffering compensation varies significantly per country. In some countries, you receive much more than in the Netherlands.
Immediate Actions after an Accident Abroad
- Contact local emergency services (112 works everywhere in the EU)
- Fill out the European Accident Report Form as completely as possible
- Take clear photos of the accident scene
- Collect contact details of the other party and any witnesses
- Request an official police report
- Report the accident to your own insurance company
Outside the EU
An accident outside the EU brings additional challenges:
- Check if your green card is valid in the country concerned
- Local legislation applies to your situation
- You may need to file a claim on site
- Consider engaging an expert in international personal injury law
Can I start a case in the Netherlands?
In certain cases, this is possible. If the insurer has a branch in the Netherlands or you reside in the Netherlands, you can sometimes litigate here. However, the law of the country of the accident remains leading.What to do if the foreign insurer does not respond?
You can file a complaint with the national office of the country concerned or seek assistance from the Dutch Motor Insurers' Bureau for mediation.Is my Dutch legal expenses insurance also valid abroad?
This varies per policy. Some insurances cover costs abroad partially. Check your policy conditions or contact your insurer for clarification.Frequently Asked Questions
What does this article cover exactly?
This article covers legal aspects of personal injury after an accident abroad. Read the content carefully for specific details about your situation.
How can I apply this information to my case?
The information provides general guidelines, but every case is different. Seek advice from a legal expert for a personal approach.
Where can I find additional information?
More relevant articles are available on this platform. You can also consult a lawyer or legal aid organization for professional advice.
How do I request help?
Contact a legal advisor or local legal aid organization such as the Juridisch Loket Leiden, Stationsweg 46. Often, an initial consultation is free.
What are my rights as a victim?
You can claim compensation for damages if another party is liable. Think of medical costs, lost income, and pain and suffering compensation. Quick action is crucial.
Summary
This article provides important information on personal injury after an accident abroad. Consult a lawyer for advice specific to your situation.
Key Points
- Every personal injury case is different
- Professional legal advice is recommended
- Quick action strengthens your claim
- Document everything carefully
- There are organizations that offer help
- Your rights must be protected
Relevant Institutions in Leiden:
Rechtbank Den Haag, Locatie Leiden | Juridisch Loket Leiden, Stationsweg 46