Car accidents happen every day. Due to a traffic error or a rear-end collision because someone is checking their phone. The result is often only material damage such as damage to the glass or a broken telephone. But it can also be more serious. Because you can also be injured in a traffic accident. For example neck complaints, brain injury or a fracture. We are talking about personal injury.
If you have been hit by another person, for example as a result of a pile-up, then the other person is to blame for the accident. This person is therefore liable for the damage that you suffer and will suffer as a result of the car collision. You can then hold this driver liable by sending a notice of liability.
But what if you get hit, but hit someone yourself and get injured? Or if your car skids and comes to a stop against a tree, resulting in injury? There is no party to hold liable in these situations. After all, you yourself caused the accident or is it a one-sided accident? Can you still recover your damage through a personal injury lawyer (Dutch: letselschade advocaat)? And if so, who can you claim your personal injury damage from?
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Passenger Liability Insurance
Most people are insured against liability for the consequences of a traffic accident. However, this insurance only covers damage caused by a third party in the event that you cause an accident yourself. Your own personal injury will not be reimbursed. Incidentally, this liability insurance is mandatory in most countries.
In addition to the mandatory liability insurance, there is also a voluntary insurance policy, the damage passenger insurance, abbreviated as the passenger liability insurance (Dutch: SVI verzekering). If you are in possession of this insurance, you can always claim personal injury compensation if you are involved in a car accident.
It is not necessary for another party to be responsible for the occurrence of the accident in order to claim a benefit from the passenger liability insurance. The cause of the accident does not matter for a benefit. So whether someone else is guilty of a collision, you make a traffic error yourself or you are involved in a single-vehicle traffic accident, the passenger liability insurance pays out the personal injury.
Compensation With A Passenger Liability Insurance
The personal injury compensation with a passenger liability insurance does not differ much from a payment by a liability insurance. In both cases, all personal injury amounts must be reimbursed. Often only the insured amount in the case of the passenger liability insurance is lower than with legal liability. However, the coverage of the damage passenger insurance is often so broad that the damage is fully eligible for compensation. However, it is always good to check how high the insured amount is.
Personal injury consists of many types of damage items. However, there are 2 main groups, the material damage items and the compensation, also known as immaterial damage.
In the first place, material damage concerns all costs that you incur because of an accident, such as medical costs and travel costs. But all damage must also be compensated. This includes loss of income, loss due to a study delay and pension loss.
Sorrowful money is compensation for all complaints and limitations that you suffer as a result of the accident and for pain and psychological suffering as a result of an accident. This too can usually be claimed on the basis of the passenger liability insurance.