Personal Injury as a Passenger in Delft: Your Rights
In Delft, as a passenger, you can suffer personal injury in an accident involving a car, tram, bus, or train—for example around TU Delft or in the bustling city center. As a Delft resident, you are entitled to compensation depending on liability. This article explains how Delft citizens can claim their rights, with references to local institutions such as the Juridisch Loket Delft.
What Does Personal Injury as a Passenger in Delft Consist Of?
Personal injury as a passenger includes physical or mental injuries from an accident where you were not driving. From bruises to broken bones, whiplash, or PTSD: as a Delft resident, you are vulnerable to errors by drivers, tram operators, or vehicle defects, such as on the busy Phoenixstraat or at Delft Centrum Station.
In the Netherlands, this falls under traffic and liability law. Compensation covers medical expenses, loss of income, and pain and suffering to help rebuild your life in Delft. Also consult our article on personal injury as a passenger in a car around Delft. For questions, contact the Juridisch Loket Delft for free advice.
Legal Basis for Personal Injury as a Passenger
Personal injury claims for passengers in Delft are governed by the Civil Code (CC), Book 6 (unlawful act). Relevant articles:
- Article 6:95 CC: Liability in traffic accidents; claim against the at-fault party's WA insurance.
- Article 6:162 CC: Fault of the wrongdoer, such as reckless driving on the A13 near Delft.
- Article 6:106 CC: Apportionment of damages in case of contributory negligence, e.g., not wearing a seatbelt.
The WAM Act mandates WA insurance for cars; for trams or buses in Delft, the Passenger Transport Liability Act applies. For defects (Art. 6:185 CC), you can approach the District Court of The Hague. The 'Stoppelman ruling' (Supreme Court 21 December 2004) protects passengers, but contributory negligence may reduce your claim.
Practical Examples of Personal Injury as a Passenger in Delft
Example: As a passenger in a friend's car that crashes on the Rotterdamseweg due to speeding, you suffer whiplash. Claim medical costs and therapy via their WA insurance.
In a tram accident (EBS tram) due to slippery conditions in the Mijnbouwstraat, you get injured: the public transport company covers hospital visits and travel costs via their insurance.
Or a train incident at Delft Zuid due to NS error: base your claim on the Passenger Transport Act. Gather evidence such as photos, witness statements, and medical reports; report to the Municipality of Delft for traffic insights.
Comparison of Liability in Delft Situations
| Situation | Liable Party | Insurance | Possible Exclusion |
|---|---|---|---|
| Car accident (driver at fault, e.g., TU Delft loop) | Driver/owner | WA insurance | Contributory negligence (no seatbelt) |
| Tram/bus (public transport in Delft) | Transport company (EBS/NS) | Public transport liability insurance | Force majeure (weather conditions) |
| Bicycle/moped passenger in Delft center | Driver/third party | Private insurance | No compulsory WA insurance |
Rights and Obligations in Case of Personal Injury in Delft
You are entitled to full compensation:
- Pecuniary: Doctor's bills, rehabilitation, loss of income.
- Non-pecuniary: Pain and suffering via the Pain and Suffering Guide.
- Additional: Household help or study delays at TU Delft.
Obligations:
- Report immediately to police, insurer, and possibly the Municipality of Delft.
- Keep medical records.
- Mitigate damage (Art. 6:178 CC).
Engage a personal injury lawyer on a 'no win, no fee' basis or visit the Juridisch Loket Delft. For proceedings: District Court of The Hague.
Frequently Asked Questions about Personal Injury as a Passenger in Delft
Can I claim if the driver is family?
Yes, via the WA insurance, even with family. The payout proceeds, though the premium may increase.
What if I wasn't wearing a seatbelt?
Your compensation may be reduced due to contributory negligence (Art. 6:106 CC), but you still receive a portion.