Compensation for a Single-Vehicle Accident in Delft

Compensation for a Single-Vehicle Accident in Delft

A single-vehicle accident involves a traffic accident with only your vehicle in Delft and no fault on the part of others. Compensation covers personal injury, material and immaterial damages. Without a third party, this can be challenging, but your own insurance or local provisions offer options. This article outlines the legal rules and steps for victims in Delft.

What is a Single-Vehicle Accident in Delft and What Damages Arise?

In Delft, a single-vehicle accident often occurs due to slippery roads in the polders, collisions with a pole along the canals, or tripping over a pothole on bike paths. No other party is at fault, making claims difficult. Personal injury includes physical harm such as whiplash or fractures, and psychological issues like anxiety disorders. Material damage covers car repairs, medical bills, and lost wages; immaterial damage compensates for pain and suffering.

Unlike collisions with others, you rely on your policy. Police figures show thousands of single-vehicle accidents annually in the Den Haag-Delft region, with injuries in about 20% of cases. See also our article on Personal Injury in a Single-Vehicle Accident in Delft.

Legal Basis for Compensation in Delft

Compensation for a single-vehicle accident falls under the Dutch Civil Code (DCC), particularly Article 6:162 DCC for unlawful acts. Without a perpetrator, this applies only limitedly. Liability insurance does not cover own damage, as confirmed by the Motor Vehicle Liability Insurance Act (WAM). Additional coverage is essential.

For road defects such as a pothole in a Delft street, you can hold the Municipality of Delft liable under Article 6:174 DCC (liability of road authorities). Basic medical coverage comes from the Health Insurance Act (Zvw), but deductibles (€385 in 2023) and additional therapy are paid out-of-pocket or claimed separately. Pain and suffering compensation is based on the Personal Injury Compensation Guidelines, ranging from €500 to €50,000.

Without comprehensive coverage, no material compensation. For uninsured cases, consult the Motor Insurers' Guarantee Fund, but limited to third-party claims.

Possible Compensations and How They Work

After a single-vehicle accident in Delft, you can claim three types of damage, depending on your policy and circumstances:

• Material damage: Repairs, rental car, and medical costs. Via comprehensive or legal expenses insurance.
• Immaterial damage: Pain and suffering compensation. Via personal injury lawyer, even without a liable party.
• Lost income: Missed wages or benefits. First two years under Zvw, thereafter WIA.

Overview of insurance types:

Real-Life Examples from Delft

Example: You skid on a wet road surface near the Market Square in Delft and collide with a lamppost, suffering whiplash and two weeks off work. Without comprehensive insurance, liability covers nothing for €2,000 car damage. Physiotherapy (€500) is partially covered by health insurance; claim €1,500 pain and suffering via lawyer (Article 6:106 DCC if work-related).

Another case: Cyclist trips over a loose tile on a path managed by the Municipality of Delft (Article 6:174 DCC). Compensation: €3,000 hospital costs, €800 new bike, €2,500 pain and suffering. Evidence (photos, witnesses) is essential. In 2022, the District Court of The Hague awarded €10,000 in a similar Delft case, including lost income.

Motorcyclists in Delft often struggle with gravel paths; compensation via own policy or ANWB.

Rights and Obligations for Victims in Delft

Rights:

1. Medical care via Zvw.
2. Compensation if the Municipality of Delft is liable.
3. Free advice from the Legal Aid Office Delft or insurer.
4. No profit sharing with personal injury lawyers (Settlement Modification Act).

Obligations:

• Report to police and obtain police report.
• Document damage with photos, invoices, witness statements.
• Check policy and claim promptly.
• Maintain medical records.