Hit-and-run driver after traffic accident
Selma* is on her way to her internship when she is hit by a car on the crosswalk. At least, she thinks she has been hit by a car, now that she cannot remember anything about the accident. Bystanders found Selma unconscious and in a pool of blood on the crosswalk. The perpetrator of the accident is nowhere to be seen. As Selma recovers in the hospital, she realizes that her recovery could take months, if not years. For the next while, she will not be able to do an internship or take care of herself and her children. Selma is simultaneously angry at the person who has caused her all this suffering and, in addition, has developed great financial concerns. She is afraid that she will lose her (material and intangible) damages cannot be compensated, now that it cannot find out who the liable party is for the accident.
Safety net for traffic victims
Fortunately, Selma's fear that no compensation is possible for her is not (entirely) well-founded. This now that there is a safety net in the Netherlands for road casualties like Selma. In fact, all Dutch motor vehicle insurers make an annual contribution to the Motor Traffic Guarantee Fund. Like insurers, the Waarborgfonds is a member of the Dutch Association of Insurers and is committed to the self-regulation of the Dutch Association of Insurers, including the Insurers' Code of Conduct.
The Guarantee Fund, like a third-party insurance company, reimburses the personal injury (including damages) caused by a motor vehicle such as a car, scooter or garbage truck. Selma will therefore be able to file a claim for compensation with the Guarantee Fund and get her damages compensated right away, just as if the liable party had been known. Selma cannot file a claim if she was hit by an unmotorized person or otherwise suffered personal injury. Sometimes, as a layperson, it is difficult to determine when a motorized or non-motorized person is now involved, especially with the advent of all modern means of traffic.
Evidence to be provided by the traffic victim
Selma, as the victim, will have to prove that she was actually hit by a motor vehicle. This can be a problem now that she herself does not remember what happened in the accident. Therefore, she cannot say with certainty that she was hit by a motor vehicle and not, for example, injured by a falling object, an animal or an unmotorized person. Our firm can help a victim like Selma gather the necessary evidence. Consider requesting the police investigation report, recording witness statements and securing camera footage if possible. If this does not help, then engaging a medical advisor can also provide the evidence needed. The medical advisor can analyze the victim's existing injuries and, using a forensic manual or otherwise, determine that the nature of the injuries is such that they must have been caused by a motor vehicle.
Should Selma fail in her proof that she was hit by a motor vehicle, the Guarantee Fund will not compensate her for her damages. She may still be able to receive (limited) compensation by applying to the Damage Fund for Crimes of Violence. However, this is subject to conditions that I will not discuss here.
Other scenarios: uninsured vehicle or stolen vehicle
Not only in the case of Selma, where the causer of the accident drove on after the accident, the Guarantee Fund can compensate for damages. This also applies in the case where a motor vehicle is not insured. Damage caused by a stolen motor vehicle can also be compensated. The rationale behind this is that the traffic victim should not suffer because he or she was hit by a motorist who failed to fulfill his legal obligation.
Unfortunately, only traffic victims can appeal to the Guarantee Fund and this safety net does not apply to other personal injury victims. For victims of violent crime - as mentioned above - there does exist another fund that can provide compensation for damages, namely the Damage Fund for Violent Crimes.
If you have questions about this blog, please contact the author, Irene Timmermans.
*The name of the main character in this blog is fictitious, the facts described are real.