Everyday traffic is busy. It can be very dangerous on the road, especially during rush hour. There is certainly a risk of a collision. But what to do if you have been hit by a car? (Dutch: aangereden door auto). Who is at fault in a collision and who pays for personal injury damages? You can read it in this blog.
Table of Contents
Who is at fault in a collision?
To qualify for personal injury compensation, it is necessary that the other party is at fault. But who is to blame? This depends on the type of accident that happened.
As a rule, the person who rides behind someone is liable for the damage suffered by the victim. For example, if you are standing still at a traffic light and someone else hits you from behind. There is then a rear-end collision. If you suffer whiplash, (Dutch: whiplash) the other party is liable for the personal injury you have suffered. In many countries, all motor vehicles are compulsorily insured against liability. The personal injury will then be paid by the damage insurance of the person who hit you from behind.
A common cause of personal injury following a rear-end collision is failure to yield the right of way. The result is often a side collision. Here too you can suffer whiplash or other complaints and limitations.
What to do after a collision?
Has it been established that the other party is liable for your personal injury? Then you can claim personal injury compensation. This is done by means of a liability claim. This states what happened to you and what consequences the accident will have for you.
You can appoint a personal injury lawyer to draw up a liability claim and claim personal injury. This will not only hold the other party liable, but also recover your personal injury by drawing up a damage statement.
A personal injury lawyer does need information from you to successfully hold someone liable. That is why several things are important if you have been hit by a car or other motor vehicle.
Complete the damage form
Firstly, it is important that a claim form is completed. You can enter important information on a collision damage form, such as the name of the other party and their insurance details. Your personal injury lawyer knows that we can be held liable.
As a victim of an accident, you must prove that the other party is at fault. A claim form can also be of service to you here. On the damage form you can indicate what exactly happened, for example a pile-up or a priority error. If you also have the other party sign the damage form, then you have proof that the other party is guilty.
Ask for a witness statement
To prove that the other party is guilty, you can also ask witnesses to make a statement. This is particularly important if the other party denies liability. Because the burden of proof rests on you as the plaintiff, sufficient evidence is required. Therefore, always ask witnesses to make a statement. This increases your chance of successfully claiming personal injury compensation.
Has an accident happened to you? A lawyer can certainly help you, but it is important that you also take the necessary steps yourself.
