Suppose: a truck from the Vossenberg zone hits a passenger car on the Ringbaan-West. Within minutes, three witnesses are already present. Whether you sustain injuries or only material damage, the first hours determine whether your file will hold up later at the Rechtbank Zeeland-West-Brabant in Breda. Below is a practical guide that personal injury lawyers in Tilburg themselves use.
Immediate measures after the incident
On site
- Recording images — final positions, damage, skid marks, traffic signs and weather conditions before vehicles are towed away
- Approaching witnesses — name, number and a short voice memo of ten to thirty seconds
- Calling the police in case of injury or significant damage and immediately request the proces-verbaal number
- Completing the European damage form and collecting both signatures, or note “no agreement”
Within one day
- Opening a medical file with your GP or the emergency department, even in case of minor complaints; whiplash or a concussion often manifests only later
- Keeping a complaints log — record pain, sleep deprivation and limitations; this diary over four to six weeks provides strong evidence for damages for pain and suffering
- Notifying your employer in writing in case of incapacity for work, stating the exact date
Within three days
- Holding the other party liable by registered letter to the WAM insurer; this interrupts prescription pursuant to Article 3:317 BW
- Photographing injuries with date and time; bruises and casts disappear quickly
- Requesting a free initial consultation at Arslan Advocaten, Spoorlaan 350 in Tilburg; the costs are borne by the other party
Six mistakes you must absolutely avoid
- Do not post on social media. Insurers screen Facebook, Instagram and LinkedIn; a photo of you on a terrace can undermine your claim
- Do not admit liability on site, not even out of politeness; one sentence can ruin the entire case
- Do not immediately accept a first offer; it is often only thirty to fifty percent of the achievable amount
- Do not sign a settlement agreement without review by a lawyer; you thereby lose all rights to future complaints
- Do not speak only with your own insurer if the other party is liable; their interest need not be yours
- Do not doctor-hop; an inconsistent medical trajectory can be used against you
Started recording too late?
Collecting evidence weeks later is more difficult, but often still possible. Request camera footage from businesses along the Ringbaan or in the Spoorzone (retention period usually 28 days). Also check Strava or cycling apps for timestamps and request attendance logs from your employer. An experienced personal injury lawyer knows which traces can still be reconstructed and can contact the Juridisch Loket Tilburg for additional support.