Compensation for Hit-and-Run Accidents or Uninsured Drivers

Have you been involved in a traffic accident and did the other driver flee the scene after the accident or does it turn out they are uninsured? This can cause a great deal of uncertainty. Who pays the damage? Are you entitled to compensation? And what steps should you take immediately?

On this page, we explain extensively and clearly when you are entitled to compensation in the case of a hit-and-run driver or an uninsured driver, what role the Dutch Guarantee Fund for Motor Traffic (Waarborgfonds Motorverkeer) plays, and when legal assistance is advisable.

What Does a Hit-and-Run After an Accident Mean?

A hit-and-run after an accident occurs when a driver leaves the scene of the accident after a collision without making their identity known. This can involve a car, motorcycle, moped or other motorised vehicle.

For victims, this can have serious consequences, particularly when:

• there is personal injury;

• no accident report form has been completed;

• the perpetrator remains unknown.

A hit-and-run after an accident is moreover a criminal offence, but this does not automatically mean that your damage will be compensated immediately.

What Is an Uninsured Driver?

A driver is uninsured when the vehicle was not covered by third-party liability insurance at the time of the accident. This occurs more often than one might think. For the victim, this can create a difficult situation, because there is no insurer to directly compensate the damage.

Nevertheless, even in this situation, compensation need not be excluded.

Damage Without a Perpetrator: Which Situations Occur Most Frequently?

In practice, we regularly encounter the following situations:

• The driver fled the scene and remained unknown;

• The licence plate was noted but turns out to be incorrect or false;

• The driver is known, but the vehicle was uninsured;

• The vehicle turns out to be stolen;

• The registered holder was not the driver.

For all these cases, the following applies: there are possibilities to have the damage compensated, provided you take the right steps.

Who Pays the Damage in Case of a Hit-and-Run or Uninsured Driver?

A frequently asked question is: who pays the damage in case of an uninsured driver or a hit-and-run after an accident?

If recovery from a regular insurer is not possible, the Dutch Guarantee Fund for Motor Traffic (Waarborgfonds Motorverkeer) may come into play. This fund was specifically established to compensate victims in these types of situations.

The Guarantee Fund for Motor Traffic: What Is It and When Does It Apply?

The Guarantee Fund for Motor Traffic (Waarborgfonds Motorverkeer) is a compensation body for victims of traffic accidents who cannot recover their damage from an insurer.

Conditions for Compensation via the Guarantee Fund

You can apply to the Guarantee Fund if all of the following conditions are met:

1. The damage was caused by a motorised vehicle;

2. The accident took place in the Netherlands;

3. The perpetrator is:

   • a hit-and-run driver who remained unknown, or

   • uninsured, or

   • the driver of a stolen vehicle.

If you meet these conditions, the Guarantee Fund can compensate both material damage and personal injury.

Filing a Police Report: Pay Attention to the Strict Deadline

In case of damage without a known perpetrator, timely filing of a police report is essential.

• You must file a police report within 14 days of the accident;

• If you fail to do so, in principle the right to compensation via the Guarantee Fund lapses.

Make sure that you describe what happened as completely as possible in the police report.

Collecting Evidence: Why This Is So Important

Because often no accident report form has been completed, the rule that applies without exception in cases of damage without a perpetrator is: he who claims, must prove.

Important means of evidence include:

• the police report;

• photos of the situation and damage;

• medical records in case of personal injury;

• witness statements;

• camera footage from the vicinity.

The better your file, the greater the chance that your damage will be recognised.

Witnesses in Case of a Hit-and-Run

Are there witnesses who saw the accident? Then it is important to record their details immediately. Witness statements play a major role in establishing the circumstances of the accident and can be decisive in a claim with the Guarantee Fund.

Licence Plate Known or Unknown: What Does This Mean?

Licence Plate Known

With a licence plate, the following can be investigated:

• who the registered holder is;

• whether the vehicle was insured;

• which vehicle it concerns.

Licence Plate Incorrect or False

Does the licence plate turn out to be incorrect or false afterwards? Then additional evidence, such as camera footage or statements from bystanders, may still help.

Is the Registered Holder Always Liable?

No. The registered holder is not automatically the driver. The police investigate who was actually behind the wheel. Under civil law, damage can often still be recovered, particularly when the vehicle was insured, even if it remains unclear who was driving.

What If the Driver Is Known But Turns Out to Be Uninsured?

When the driver is known but the vehicle was uninsured, the following generally applies:

1. The driver must be held liable in writing;

2. If the damage is not compensated?

3. Then you can turn to the Guarantee Fund for Motor Traffic (Waarborgfonds Motorverkeer).

Here too, proper substantiation of the damage is essential.

Personal Injury in Case of Hit-and-Run or Uninsured Driving

In case of physical injury, the consequences are often significant. Think of:

• medical costs;

• loss of income;

• pain and suffering;

• rehabilitation costs.

Particularly in personal injury cases, it is important that no damage items are overlooked and that your interests are carefully represented.

When Is It Advisable to Engage a Personal Injury Lawyer?

Engaging a personal injury lawyer is strongly recommended when:

• the perpetrator has fled the scene;

• an uninsured driver is involved;

• the Guarantee Fund for Motor Traffic is involved;

• liability or damage is disputed.

A specialised lawyer assists with:

• collecting evidence;

• correctly filing the damage claim;

• contact with insurers and the Guarantee Fund.

The costs of legal assistance are in many cases reimbursed by the insurer or the Guarantee Fund, meaning you bear no costs yourself.

Handle It Yourself or Engage Legal Assistance?

You may contact an insurer or the Guarantee Fund yourself. In practice, however, it turns out that legal assistance often leads to:

• a higher compensation;

• faster settlement;

• less stress and uncertainty.

Especially in complex situations, expert guidance prevents costly mistakes.

Need Help with Damage After a Hit-and-Run or Uninsured Driving?

Arslan Advocaten assists victims of traffic accidents on a daily basis. Have you been affected by a hit-and-run or uninsured driver and would you like to know what you are entitled to? Please feel free to contact us via the contact form on our website for a no-obligation consultation.