Injured in an Accident in the Netherlands? Your Rights to Compensation

Personal injury in The Netherlands

Every year, many expats and tourists in the Netherlands are involved in road accidents — often while cycling, driving, or walking. Even though the Netherlands is known for its excellent road safety, accidents can still happen.

If you are injured in a bicycle accident, car crash, or pedestrian collision, you may have the right to compensation under Dutch personal injury law.
This article explains your rights, how the Dutch system works, and what steps you can take to recover your losses.

1. Strong protection for cyclists and pedestrians

Dutch law provides extra protection for so-called “vulnerable road users” — cyclists and pedestrians — who are hit by a motor vehicle.

Under Article 185 of the Dutch Road Traffic Act (Wegenverkeerswet), the driver (and their insurer) is almost always at least partly liable for your injuries, even if you made a mistake.

• The driver’s insurer must compensate at least 50% of your damage, and often 100%, depending on the circumstances.

• For children under 14, the compensation is always 100%.

This protective rule makes the Netherlands one of the most victim-friendly jurisdictions for traffic accidents.

2. What compensation can you claim after an accident?

If you are injured in a road accident in the Netherlands, you can claim compensation for both financial and non-financial damages (smartengeld).

This includes:

• Medical expenses – hospital treatment, surgery, rehabilitation, medication.

• Loss of income – if you are unable to work or lose future earning capacity.

• Household and travel costs – help at home, transport to medical appointments.

• Pain and suffering (non-material damage) – compensation for physical pain and emotional distress.

If your health insurance or travel insurer already paid some costs, that insurer can later recover them from the liable party — a process called subrogation (regres).

3. The insurer’s role and your rights

All cars in the Netherlands must be covered by compulsory liability insurance (WAM-insurance).
If you are hit by a car, the driver’s insurance company is responsible for handling your personal injury claim.

A Dutch personal injury lawyer (letselschade advocaat) will:

• Contact the insurer and establish liability;

• Collect medical and financial evidence of your losses;

• Negotiate interim payments (voorschotten);

• Ensure your damages are fully compensated.

Your lawyer’s costs are normally paid by the liable insurer, so victims do not bear these expenses.

4. Are you a tourist or expat? Dutch law still protects you

Even if you live abroad, or were just visiting, Dutch law applies to accidents that occur on Dutch territory.
You have the same rights to compensation as any Dutch resident.

You can:

• File your claim from abroad — your lawyer handles communication;

• Receive documents and updates in English;

• Obtain payment directly to your home-country bank account.

If you live in another EU country, your claim can also be handled under the EU Motor Insurance Directive, which simplifies cross-border compensation.

5. Why legal assistance makes a difference

Personal injury cases in the Netherlands involve complex medical, legal, and insurance procedures. A specialised lawyer ensures:

• The correct liability assessment under Dutch traffic law;

• A complete calculation of your losses;

• Communication in clear English; and

• Fair treatment by the insurer.

Without legal help, insurers often make low settlement offers or delay payment. With an experienced lawyer, you stand on equal footing and can focus on your recovery.

6. How we can help

At Schaderecht Advocatuur, we specialise in personal injury and liability law in the Netherlands.
We represent expats, tourists, and international visitors who have been injured in accidents anywhere in the country.

Our services include:

• Free initial consultation;

• Communication entirely in English;

• Direct contact with insurers and medical experts;

• Assistance with medical assessments, interim payments, and final settlement;

• Membership of PEOPIL (Pan European Organisation of Personal Injury Lawyers).

Whether you were injured on your bike, in your car, or as a pedestrian, we help you regain control and secure the compensation you deserve.

Questions?

Do you have any questions, or are you looking for a lawyer specialized in liability law, personal injury law, and insurance law?
Feel free to contact us. Schaderecht Advocatuur is a law firm specialized in liability, personal injury, and insurance law.

Schaderecht Advocatuur | info@schaderecht.nl | +31 (0)85 800 8080 | Jansbuitensingel 7, 6811 AA Arnhem