Who is liable?
After an accident, the first question is usually: Who is liable for the damage? Under liability law, the answer to that question isn’t always straightforward. Anita explains: “The law assumes that everyone is responsible for their own damages. This is only different if you can prove that someone else caused the damage. That person is then liable and will have to pay compensation.”
If it turns out that the victim also contributed to the accident, we refer to this as contributory negligence. In that case, the amount of compensation may be reduced. The extent of the reduction depends on the degree of contributory negligence. In addition, we also consider what is reasonable given the specific circumstances. This varies from situation to situation.”
How is the extent of the damage determined?
Once it’s clear who is liable, the next question is: What is the extent of the damages? “The extent of the damages varies from person to person,” says Anita. “You don’t just look at the injury itself, but especially at its consequences.” “Thoseconsequences depend on the victim’s age and personal circumstances, as well as what the injury means for their work, family, studies, hobbies, and so on. Medical expenses and loss of income due to an inability to work can be easily quantified in monetary terms. But damages resulting from pain, grief, and the loss of enjoyment in life are harder to calculate, yet they have a significant impact.”
The law specifies the types of damages for which a victim may seek compensation, but the amount is not set. “Determining the extent of the damages is specialized work,” Anita explains. “It’s wise to seek assistance from an expert who is, for example, affiliated with the National Quality Mark for Personal Injury (NKL). Together with the victim, this expert determines the extent of all damages suffered for which compensation can be claimed.”
Is there an insurance policy that covers the damage?
Once it has been established who is liable and what the damages are, the next question is whether the person responsible has liability insurance that provides coverage. Not everyone has liability insurance. “This type of insurance isn’t always required,” Anita explains. “Only motor vehicle owners and hunters are required to have insurance. The coverage provided by these mandatory insurance policies is established by law. Victims can contact the insurer directly.”
The situation is different for non-mandatory insurance policies. Coverage is not regulated by law and varies by insurer. The victim cannot contact the insurer directly until the person responsible for the damage reports it. “If there is no insurance, the person responsible will have to compensate for the damage themselves,” Anita emphasizes. “There are safety nets in place for certain types of damage. For damage caused by motor vehicles, it’s the Motor Vehicle Guarantee Fund, and for damage resulting from violent crimes, it’s the Violent Crimes Compensation Fund.”
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National Personal Injury Quality Seal (NKL)
Violent Crimes Compensation Fund
