Many accidents occur every year resulting in injuries. A traffic accident, accident at work or a dog bite. (Dutch: hondenbeet). If you are the victim of an accident, you will naturally want to recover your personal injury from the liable party.
But who is liable for an accident and what damages can you recover if you are involved in an accident?
Many traffic accidents happen every year. From a rear-end collision at a red traffic light, a pile-up on the highway to a head-on collision because someone ends up on the wrong side of the road. But who is guilty and liable in the event of a collision?
The law shows who is at fault in a collision. Sometimes, even without looking at the law, it quickly becomes clear who is at fault in an accident.
For example, it is generally known that in the event of a pile-up (Dutch: kettingbotsing) the driver of the rearmost vehicle is at fault because he or she did not stop his or her vehicle in time.
Within the European Union, there is also a directive that is important in the event of a traffic accident. All member states of the European Union have implemented this directive, the EU Motor Insurance Directive, in their own legislation.
But as a national of a Member State you can also rely directly on this directive.
The EU Motor Insurance Directive states, among other things, that someone who is the victim of a collision does not have to find out who can be held liable, the driver or the owner of the car that caused the accident.
Pursuant to this guideline, a claim for damages will be immediately submitted to the car insurance company of the at-fault party. In addition, under the EU Motor Insurance Directive, you can always submit a personal injury claim in your own Member State.
So you don’t have to look for a personal injury lawyer abroad. Every insurer within the European Union is obliged to have a representative in every member state of the European Union. A personal injury claim can be filed with this person.
So you can claim compensation in your own language.
Many accidents happen at work every year. A machine that does not function, a fall through a slippery floor or injury due to a colleague’s mistake. The question is who is liable for your personal injury.
In many countries, including the Netherlands, the employer is under certain circumstances liable for personal injury as a result of an industrial accident. This is the case if the employer is to blame for failure to fulfill his or her duty of care.
To determine who is liable for damage resulting from an industrial accident, it is always advisable to ask a personal injury lawyer for advice.
In the event of a dog bite, in most countries the dog owner is liable for the damage suffered by the bitten person. Unfortunately, there is no mandatory liability insurance for dog owners. It is therefore important to ask the dog owner whether there is liability insurance.
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