A collision is annoying enough, especially if you sustain injuries. But if the person who caused the accident continues driving without making himself known, an additional complication arises. Who is then responsible for your compensation? Fortunately, there are various options to recover your personal injury. In this article we explain what steps you can take if the other party continues driving after a collision.
In which situations is driving after a collision punishable?
According to the Road Traffic Act, it is a punishable offense to continue driving after a collision, regardless of whether there is damage to persons or property. This means that you are obliged to stop even if the damage is only minor, for example if you accidentally hit a parked car, a bicycle or even a trash can. Whether it concerns a major accident or a minor collision with material damage: driving without leaving your details behind can lead to criminal prosecution. So it doesn't matter whether the other party is present or not—anyone involved in a collision must always remain at the scene and make themselves known.The punishable aspect of continuing to drive after a collision
Anyone who leaves after a collision without leaving any details is violating the Road Traffic Act. This applies not only to injuries, but also to damage to property—even if it concerns a post or trash can, for example. The law considers it a criminal offense if you do not make yourself known, regardless of the severity or type of damage. It is therefore always mandatory to remain at the scene of the accident and provide the necessary information to the parties involved.What to do if you continue driving after a collision: Step-by-step plan
Whether you are dealing with a known or unknown counterparty, it is important to take immediate action. We will give you some tips that will come in handy if the person responsible for the collision continues driving:- Call the police on the spot: The police can start an investigation and draw up a report.
- Collect witness statements: Ask for contact details of any witnesses who witnessed the accident.
- Report within 14 days: It is important to report it to the police quickly. This is also a requirement for an appeal to the Motor Traffic Guarantee Fund.
- Request the official report: This document helps determine liability.
- Engage a personal injury lawyer: A specialized lawyer can claim personal injury on your behalf.
Material and Immaterial Damage: What can be compensated?
After a collision in which the other party has driven away, various types of damage can be claimed. The distinction is made between material and immaterial damage.Material damage
Property damage includes all costs and lost income directly resulting from the accident. This includes:- Loss of income when you are (temporarily) unable to work due to your injury,
- Extra expenses for household help or support with garden maintenance if you are no longer able to do this yourself,
- Study delay or inability to complete a course,
- Transport costs, for example for trips to a physiotherapist or rehabilitation center,
- Medical costs that are not fully reimbursed by health insurance.
Intangible damage (Penalty)
In addition to material damage, you can also claim compensation for non-material damage, better known as damages. This is compensation for the suffering and psychological consequences of the accident, such as:- Psychological complaints or trauma as a result of the incident,
- Sadness about no longer being able to pursue hobbies or social activities,
- Feelings of shame due to scars, for example
- Anxiety or depressive symptoms after the accident.
License plate known? Your Personal Injury Stories
If you have been able to determine the license plate number of the hit-and-run car, for example through witnesses, the other party's insurer can be held liable. Your personal injury lawyer will draw up the liability claim on your behalf and claim compensation.Culprit unknown? Your Options
Has the driver remained unknown, for example because he drove away without you being able to record the license plate? There are also ways to recover your personal injury. In these cases you may be entitled to:- Your SVI insurance (Occupant Damage Insurance): This insurance reimburses your personal injury, regardless of who is at fault for the accident.
- The Motor Traffic Guarantee Fund: This fund compensates personal injury if the perpetrator is unknown or appears to be uninsured.
What is the Motor Traffic Guarantee Fund?
In the Netherlands, all motor vehicles are compulsorily insured on the basis of the Motor Vehicle Liability Act (WAM). But what happens if the person who caused the collision is uninsured, cannot be found, or was driving a stolen vehicle? In that case, you can appeal to the Motor Traffic Guarantee Fund, which will compensate the damage if the other party cannot be traced. Conditions for the Guarantee Fund:- You must report this to the police within 14 days.
- You must be able to prove that the damage was caused by a motor vehicle.
- The personal injury claim must be filed within three years of the accident.
SVI Insurance: Extra Coverage
In addition to liability insurance, the SVI insurance (Occupant Damage Insurance) is a voluntary insurance that compensates for personal injury, regardless of fault. If the person who caused the collision continues to drive and you have SVI insurance, you can recover your personal injury through this insurance. Only vehicle damage is not covered by the SVI.How can a Personal Injury Lawyer Help you?
In the event of a collision in which the other party continues driving, it is wise to engage a personal injury lawyer. This is what a lawyer can do for you:- Request the police report.
- Submit a personal injury claim in a timely manner to the Guarantee Fund or SVI insurance.
- Ensure that you receive an advance on your compensation.
- The amount of your personal injury and calculate damages.
- Discuss with the insurer or the Guarantee Fund to ensure that your damage is fully recovered.