A collision on the busy bicycle route along the Phoenixstraat or at the canals behind TU Delft often leaves you with more questions than answers. Who is liable for the damage? These seven actions ensure that your position against insurers and the Rechtbank Den Haag remains strong.
1. Involve the police immediately in case of injury or unclear liability
Police officers draw up an official report (proces-verbaal) as soon as injuries or substantial damage are involved. That report later serves as decisive evidence with the insurer and, if necessary, before the Rechtbank Den Haag. Note the PV number immediately. In cases of minor material damage, a European damage form sometimes suffices.
2. Collect witness information on the spot
Bystanders who witnessed the accident can be crucial. Ask for name, telephone number and a brief description. A voice memo on your phone often works faster. Especially with expats or students around TU Delft, such a witness statement disappears quickly if you wait too long.
3. Photograph and film everything before vehicles are moved
Record the situation with your phone:
- Exact positions of the vehicles
- Damage from multiple angles
- Skid marks, traffic signs and weather conditions
- Registration plates and any company logos
4. Always have injuries medically recorded within 48 hours
Whiplash or a mild concussion often only becomes apparent later. Visit your GP or the emergency department and ensure that complaints are noted. Without timely medical registration, causation is difficult to prove later.
5. Complete the European damage form carefully
Sign only if both parties agree. In case of disagreement, tick “no agreement”. Record facts, do not admit liability. Each party then notifies its own insurer.
6. Send a registered letter of liability
Within two weeks you send a letter to the other party or its WAM insurer (WAM-verzekeraar). It must state the date, location, cause and consequences. This step interrupts the limitation period and forms the starting point for any settlement of damages.
7. Consult a personal injury specialist in case of injury or damage exceeding € 5,000
At the Arslan-kantoor on Phoenixstraat 16 in Delft you can obtain a free initial consultation. The costs of a lawyer are reimbursed by the liable insurer. Victims who engage professional help receive on average 30 to 50 per cent more than those who negotiate independently. Call 070 - 4500 300 or request a free intake via Juridisch Loket Delft.
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 (artikel 3:310 BW). Evidence disappears quickly, however, so acting promptly pays off.
What if I am partly liable? Your compensation is then reduced proportionately (artikel 6:101 BW). An experienced lawyer can often achieve a more favourable apportionment.