An accident abroad can be legally complicated. Which legislation applies? Which court handles the case? And how can you settle the damage from Utrecht?
Which law applies?
In international personal injury cases, it must first be determined which law is applicable.
Rome II Regulation
Within the EU, the Rome II Regulation determines which law applies to non-contractual obligations, such as personal injury.
General rules
| Scenario | Applicable law |
|---|---|
| Standard case | Law of the country where the damage occurred |
| Both parties from the same country | Law of that shared country |
| Traffic incident | Often law of the country of the accident |
| Work-related accident | Law of the country where work is performed |
Which court is competent?
The jurisdiction of a court is determined by the Brussels I bis Regulation.
Options for jurisdiction
- Place of residence of the counterparty: court in the country of the tortfeasor
- Location of the damage: court in the country where the incident occurred
- Direct action against insurer: court in the country of the victim
Traffic accidents within the EU
For traffic accidents in the EU, there are specific rules that offer victims additional protection.
Direct claim
According to the 4th and 5th Motor Insurance Directives, a victim can directly approach the insurer in their own country.
Damage settlement
Every motor insurer has a claims handler in every EU country. Victims from Utrecht can approach this in the Netherlands.
Traffic accidents outside the EU
Outside the EU, the rules are often more complicated and less uniform.
Key considerations
- Local legislation usually applies
- Damage compensations can be significantly lower
- Procedures differ per country
- Limitation periods are often shorter
- Language and cultural barriers play a role
Injury during a holiday
Damage on holiday can arise from various causes.
Common cases
| Case | Liable party | Specific rules |
|---|---|---|
| Incident in hotel | Hotel or tour operator | May fall under the Package Travel Directive |
| Excursion accident | Organizer or travel company | Often handled via the tour operator |
| Traffic accident | Tortfeasor or insurer | Local insurance rules |
| Medical error | Doctor or clinic | Local legislation applies |
Protection for package tours
The European Package Travel Directive provides additional rights for organised trips.
Your rights
- Tour operator is responsible for all trip components
- Liability for errors in execution
- Assistance in case of problems during the trip
- Possibility to file a claim in Utrecht
The role of travel insurance
Travel insurance can provide essential coverage for injury abroad.
What is covered?
| Type of coverage | What is reimbursed |
|---|---|
| Medical costs | Treatment on site and return to the Netherlands |
| Accident insurance | Compensation for permanent injury |
| Legal assistance | Help with filing claims |
| Emergency assistance | Alarm centre and repatriation |
Practical advice
- Always file a report with the local police and request a report
- Document everything: take photos, collect witness statements and keep medical documents
- Keep all receipts and invoices
- Report the incident immediately to your travel insurer
- Seek help from an expert in international personal injury cases in Utrecht
- Be alert to shorter limitation periods outside the Netherlands
Frequently asked questions about personal injury
What are my rights in case of an accident abroad?
This depends on the location and circumstances, but often you can file claims via your travel insurance or local authorities. An expert in Utrecht can help you.
How long do I have to file a claim?
Limitation periods differ per country, but are often shorter than in the Netherlands. Contact a specialist quickly.
Can I start a case in Utrecht?
Yes, in some cases you can start a case at the District Court of Midden-Nederland, depending on the situation and the counterparty.
Where can I get legal help in Utrecht?
The Juridisch Loket Utrecht at Catharijnesingel 55 offers free advice. There are also specialised lawyers in the region.
What if the insurer does not pay out?
You can take legal steps, possibly with the help of a lawyer in Utrecht, to enforce your rights.