Suppose you are just exiting the A27 towards Utrecht CS when a collision on the connecting road with the A12 suddenly brings everything to a standstill. Within minutes you decide whether your personal injury claim will hold up or fail. Insurers immediately look for weaknesses in your file.
Immediate actions after the incident
At the scene
- Photos and videos — final positions of the vehicles before they are towed away, damage from all angles, skid marks, traffic signs and weather conditions around the A12 junction
- Witness statements — note names and telephone numbers together with a short voice memo of ten to thirty seconds
- Contact the police in case of injury; request the police report number (proces-verbaalnummer) immediately
- European accident statement form — complete in full and have it signed, or note that no agreement has been reached
Within 24 hours
- Medical documentation — consult your GP or the emergency department, even for minor complaints; whiplash symptoms often appear later
- Start a diary — record pain, sleep deprivation and limitations; this will later be crucial for non-pecuniary damages (smartengeld)
- Notify your employer in writing in case of incapacity for work
Within 72 hours
- Notice of liability — send by registered post to the WAM insurer; this interrupts the limitation period (article 3:317 BW)
- Document injury photos with date before bruises fade
- Free intake with a personal injury lawyer; costs are borne by the other party
Pitfalls to avoid when claiming
- No social media posts about the incident; insurers check Facebook and Instagram and may use a photo of you at a social event a week later against you
- Never admit liability at the scene, even out of politeness; a simple “sorry” can be fatal to the claim
- Reject the first offer; insurers often start at 30 to 50 per cent of the achievable amount
- Do not sign a settlement agreement (vaststellingsovereenkomst) without a lawyer; you thereby lose rights regarding injuries that manifest later
- Do not deal solely with your own insurer when the other party is liable
- Avoid excessive medical consultations; too many second opinions undermine the credibility of your symptom pattern
Collecting evidence later: realistic in the city?
If you start later, CCTV footage from shops around Utrecht Centraal or the A2 slip roads may still be obtainable within 28 days. Employers can provide attendance logs and apps such as Strava sometimes still show the exact time. A lawyer from Arslan at Vredenburg 40 knows which traces can still be reconstructed and will guide the proceedings before the Rechtbank Midden-Nederland in Utrecht.