A traffic accident abroad can be legally complicated. Which legislation applies? How can you file a claim in another country? Fortunately, there are specific arrangements that simplify this process, also for residents of Utrecht.
Within the EU
For accidents within the European Union, there are clear guidelines:
- Every EU country has its own green card office.
- You can file your damage claim in the Netherlands via a local claims adjuster.
- In general, the legislation of the country where the accident occurred applies.
EU Directive on Motor Vehicles
The 4th Motor Vehicles Directive provides the possibility to file a claim in your own country:
- Foreign insurers have a representative in the Netherlands.
- You can file your claim with this Dutch representative.
- Communication can take place in Dutch as usual.
Which Legislation Applies?
| Subject | Applicable Law |
|---|---|
| Liability | Law of the country of the accident |
| Damage compensation | Law of the country of the accident |
| Non-pecuniary damages | Law of the country of the accident |
Important: the amount of non-pecuniary damages varies per country and can sometimes be significantly higher than in the Netherlands.
Steps Immediately After an Accident Abroad
- Contact the local emergency services (112 works everywhere in the EU).
- Fill out the European accident report with the other party.
- Take photos of the situation and damage.
- Collect details of the other party and any witnesses.
- Request an official police report.
- Notify your own insurer as soon as possible.
Outside the EU
An accident outside the EU often brings more complications:
- Check if your green card is valid in the country concerned.
- Local legislation usually applies.
- You may need to file a claim on site.
- Consider engaging an expert in international personal injury law.
Can I start a lawsuit in Utrecht?
In some cases, this is possible. If the foreign insurer has an office in the Netherlands or if you reside in the Netherlands, you may be able to litigate at the Rechtbank Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht). However, the law of the country of the accident remains applicable.What if the foreign insurer does not respond?
You can file a complaint with the national office of the country concerned or seek help from the Nederlands Bureau der Motorrijtuigverzekeraars. They can act as a mediator.Is my legal expenses insurance covered abroad?
This varies per insurance policy. Some Dutch legal expenses insurances offer limited coverage abroad. Check your policy or contact your insurer for more information.Legal Assistance in Utrecht
For advice and support, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. In addition, you can submit cases to the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
Frequently Asked Questions
What does this article cover exactly?
This article deals with the legal aspects of personal injury damage after a traffic accident abroad. Read the content carefully for specific information that may apply to your situation.
How can I use this information for my case?
The content provides general guidelines, but every accident is different. Contact a legal advisor in Utrecht for tailored advice.
Where can I find more information in Utrecht?
Consult additional articles on this platform or contact the Juridisch Loket Utrecht for professional advice.
How can I get help in Utrecht?
You can contact a lawyer or the Juridisch Loket Utrecht at Catharijnesingel 55. Many organizations offer a free initial consultation.
What are my rights as a victim?
If someone is liable, you are entitled to compensation for damage, including medical costs, loss of income, and non-pecuniary damages. Prompt action strengthens your case.
Summary
This article provides insight into personal injury claims after an accident abroad. For personal advice, consult a lawyer in Utrecht.
Key Points
- Every personal injury situation is unique.
- Professional legal advice is crucial.
- Prompt action can strengthen your claim.
- Good documentation is essential.
- In Utrecht, there are various support organizations.
- Your rights must be protected.