Suppose you are cycling along the busy Parnassusweg when a delivery van fails to yield right of way. Within minutes you determine whether your personal injury claim will later hold up before the Rechtbank Amsterdam. Below you will find seven concrete actions that secure evidence and strengthen your position.
1. Contact the police in case of injury or unclear liability
In the event of injury or dispute regarding the cause, the police draw up an official report (proces-verbaal). Request the document number immediately. In Amsterdam, where cyclists and international freight traffic frequently intersect, this report is later crucial before insurers and the court.
2. Document everything with photos and videos immediately
Take recordings before vehicles are moved:
- Final positions of all parties involved
- Damage from multiple angles
- Skid marks, traffic lights and road markings
- Weather conditions and visibility
- Registration plates, including any company logos
3. Collect witness statements on the spot
Note names, telephone numbers and brief statements from bystanders. An independent witness can be decisive in case of doubt regarding liability. Record a short audio statement on your phone and have the witness confirm it.
4. Undergo a medical examination — even in case of slight doubt
Whiplash or other complaints often manifest only after one to three days. Visit your GP or the emergency department within forty-eight hours and have everything recorded. Without timely medical notes, causation will later be difficult to prove.
5. Complete the European accident report form in full
Both parties sign. Avoid rash admissions of liability; record only facts. In case of disagreement, tick “no agreement” and involve your own insurer.
6. Hold the other party liable in writing within two weeks
Send a registered letter stating the date, location, circumstances and consequences to the other party or their WAM insurer. This step interrupts the limitation period and forms the basis for further handling.
7. Instruct a personal injury lawyer in case of injury or damage exceeding € 5,000
The costs of a specialised lawyer are reimbursed by the liable insurer. In Amsterdam you can contact the Arslan office at Parnassusweg 220, 1076 AV Amsterdam (telephone 070 - 4500 300). Via Juridisch Loket Amsterdam you can first obtain free initial advice. An experienced lawyer often achieves a significantly higher amount than if you negotiate yourself.
Frequently asked questions
How much time do I have to take action? The limitation period is five years from the moment you become aware of the damage and the liable party (article 3:310 BW). However, delay is disadvantageous: evidence disappears and memories fade.
What if I am also partly at fault? In case of shared liability your compensation is reduced proportionately (article 6:101 BW). A lawyer can often achieve a more favourable apportionment.