Have you been hit by a car, scooter, bicycle or other vehicle? Then your life often comes to a standstill. In addition to pain and shock, questions immediately arise: Who is liable? Am I entitled to compensation? What should I do now?
In this article we explain clearly and step by step what your rights are if you have been hit by a car and why it is important to seek legal advice quickly.
What does “hit by a car” mean legally?
You have been hit by a car when you if:
pedestrian
cyclist
scooter rider
motorist
passenger
sustains injury due to a collision with (usually) a motorized vehicle. In many cases there is a right to compensation, even if you are not sure who is at fault.
Have you been hit as a pedestrian or cyclist: extra protection
Have you been hit as a pedestrian or cyclist? Then the law offers extra protection.
In the event of a collision with a motor vehicle, the driver is almost always (partly) liable
Even if you have made a mistake yourself, you may be entitled to compensation
Full liability almost always applies to children under the age of 14
👉 This is something that insurers do not always do on their own.
What if the other party says that you are at fault?
Many victims hear:
“You crossed the road unexpectedly”
“You should have paid more attention”
“You are partly to blame”
Even with shared fault you may be entitled to (a large part of) compensation. Fault therefore does not automatically mean: no right.
What damage can you be compensated for after a collision?
If you have been hit by a car, your damage may consist of several components.
1. Medical costs
deductible
physiotherapy
medication
future healthcare costs
2. Loss of income
missed salary
less ability to work
loss of earning capacity (also for self-employed people)
3. Other costs
travel costs
domestic help
informal care by family
adjustments to the home or car
4. Compensation for:pain
sadness
fear
loss of enjoyment of life
What should you do immediately if you have been hit by a car?
pain
sadness
fear
loss of enjoyment of life
After a collision it is important to take action quickly and carefully. action:
Seek medical help, even if complaints are not too bad
Record information of the opposing party and witnesses
Take photos of the situation and the injury
Report the accident as soon as possible
Do not make final decisions towards the insurer
⚠️ Do not agree to a settlement too quickly. This can have major consequences for your future.
Insurer calling? Be careful
Insurers often contact you quickly and sometimes make a “fair proposal”. This seems helpful, but:
Future damage is often underestimated
Medical consequences are still uncertain
A settlement agreement is usually final
A settlement once signed can almost never be reversed.
Why hire a personal injury lawyer?
After a collision you are faced with a professional insurer. A personal injury lawyer:
determines liability
calculates all damages (now and future)
arranges advance payments
conducts negotiations
prevents pressure and errors
👉 The costs of legal assistance in personal injury cases are recovered from the liable party. The help is therefore free of charge for you.
When should you call for help?
Preferably:
immediately after the collision
as soon as you have been injured
as soon as an insurer contacts you