If you are a passenger in a car involved in an accident in Utrecht, you are in a strong position. Regardless of who is responsible for the accident, you can in most cases have your damage compensated.
Advantageous position of a passenger
As a passenger, you are not responsible for the accident. You have the option to claim your damage from:
- The driver of your own car
- The driver of another involved vehicle
- In case of uncertainty: the insurers of both parties
Where can you file your claim?
| Situation | File claim with |
|---|---|
| Another driver caused the accident | WAM insurer of the counterparty |
| The driver of your car is at fault | WAM insurer of your own car |
| Fault is not clear | Both insurers, who divide it between them |
| Single-vehicle accident without counterparty | WAM insurer of own car or SVI coverage |
Claiming damage via the own car
As a passenger, you can also claim damage via the WAM insurance of the car you were in, even if the driver is a friend or family member.
Exceptions: intent or reckless behaviour
Your claim may be rejected if you:
- Knew the driver was under the influence and still got in
- Encouraged the driver to drive recklessly
- Knew the vehicle was stolen
No seatbelt worn?
If you did not wear a seatbelt, the insurer may invoke contributory negligence. However, they must prove that your injury would have been less severe with a seatbelt. Often, a percentage of 25% contributory negligence is applied.
What is an SVI insurance?
An Occupants' Damage Insurance (SVI) provides payout to all occupants in case of injury, regardless of who is at fault. This is especially useful in single-vehicle accidents.
What if my friend caused the accident?
You can file a claim with your friend's WAM insurer. This is not personal liability, but the insurance handles it. Your friendship does not need to suffer as a result.Can I claim as a passenger on a motorcycle in Utrecht?
Yes, the rules are similar. You can file a claim with the WAM insurer of the motorcycle or the counterparty. An SVI provides extra protection.What about an accident in a taxi or Uber in Utrecht?
Taxis and Uber rides are compulsorily insured. You can file a claim with the taxi's insurer. The driver or taxi company may be liable.Local information for Utrecht
For legal assistance in Utrecht, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases relating to personal injury.
Frequently asked questions about personal injury in Utrecht
What does this article cover?This article is about personal injury compensation for passengers. Read the content carefully for specific information about your case. How do I apply this information to my situation?
The guidelines in this article are general. For tailored advice, consult a legal advisor or lawyer in Utrecht. Where can I find more help in Utrecht?
Visit other articles on this platform or contact the Juridisch Loket Utrecht for additional support. How can I engage legal help?
Contact a lawyer or the Juridisch Loket Utrecht at Catharijnesingel 55. Often, the first consultation is free. What are my rights in case of injury?
As a victim, you are entitled to compensation for medical costs, loss of income, and immaterial damage. Quick action strengthens your case.
Summary
This article provides insight into personal injury compensation for passengers. For personal advice in Utrecht, consult a legal expert.
Key points
- Every personal injury case is different
- Legal advice is crucial
- Quick action is recommended
- Document everything carefully
- Support is available in Utrecht
- Protect your rights