Suppose you suddenly hear brakes and metal scraping one morning at the Spoorlaan and Ringbaan-West intersection. Those first minutes determine whether you later receive compensation for pain and suffering or other damages. Below are seven practical steps that strengthen your position with insurers and the Rechtbank Zeeland-West-Brabant.
1. Take photos and videos of the scene immediately
Document everything before vehicles are moved. Point your camera at the final positions, damage to all sides, skid marks, traffic lights and any company vehicles. Weather and visibility should also be included. Such images carry significant weight in Tilburg case files.
2. Call the police in case of injury or unclear liability
In the event of injuries or substantial damage, the police will draw up an official report (proces-verbaal). Always note the report number. If the damage is limited and liability is clear, a European accident statement form often suffices. When in doubt, call the police anyway.
3. Collect witness statements on the spot
Ask bystanders for names, telephone numbers and a brief description. An independent witness from the Spoorlaan area can prove decisive later. A voice memo on your phone is sufficient.
4. Have injuries medically recorded, even in case of minor complaints
Whiplash or other symptoms sometimes appear only after a day. Visit your GP or the emergency department within 48 hours and have everything recorded. Without timely medical notes, proving causation later becomes difficult.
5. Complete the European accident statement form in full
Both parties sign. Record only facts and never admit liability directly. In case of disagreement, tick “no agreement” and contact your own insurer.
6. Hold the other party liable in writing
Send a registered letter to the other party or their WAM insurer within two weeks. It must state the date, location, cause and consequences. This step interrupts the limitation period and is required before a damages settlement can begin.
7. Engage a personal injury lawyer immediately in case of injury or damages exceeding € 5,000
The costs of a specialised lawyer are paid by the liable insurer. Call the office of Arslan at Spoorlaan 350 in Tilburg (013 - 5300 300). Clients on average obtain 30 to 50 per cent more compensation than victims who negotiate themselves.
Frequently asked questions
How much time do I have? The limitation period is five years from the moment you become aware of the damage and the liable party (article 3:310 BW). Waiting is risky, however: evidence disappears and memories fade.
What if I am also at fault? In case of shared liability, compensation is reduced proportionately (article 6:101 BW). An experienced lawyer can often achieve a more favourable apportionment.