Personal Injury as a Passenger in Amsterdam: Your Rights
In the bustling streets of Amsterdam, as a passenger you may suffer personal injury in an accident, such as in a car on the Ring A10, a GVB tram on the Damrak, or an NS train from Central Station. As a victim in Amsterdam, you are entitled to compensation depending on liability. This article explains what you need to know, focusing on local procedures at the Amsterdam District Court.
What is Personal Injury as a Passenger in Amsterdam?
Personal injury as a passenger involves physical or mental harm from an incident where you are not driving. From bruises to broken bones, whiplash, or PTSD after a collision. In Amsterdam, with its many cyclists, trams, and heavy traffic, you are often the victim of someone else's mistake, such as a cyclist hitting a car or a tram driver going too fast.
Under Dutch traffic and liability law, compensation helps you return to your normal life, covering medical costs, lost income, and pain and suffering. Visit the Juridisch Loket Amsterdam for initial advice or read more about personal injury in a car.
Legal Basis for Personal Injury as a Passenger
Personal injury claims fall under the Civil Code (CC), Book 6 (tort). Key articles:
- Article 6:95 CC: Liability in traffic accidents; claim against motor vehicle liability insurance.
- Article 6:162 CC: Fault of the wrongdoer, such as reckless driving.
- Article 6:106 CC: Apportionment of damages for contributory negligence, e.g., no helmet on a moped.
The WAM Act mandates motor vehicle liability insurance; for GVB or NS, the Passenger Transport Liability Act applies. For defects (such as a faulty tram door), Article 6:185 CC applies. The Amsterdam District Court handles many cases, as confirmed in rulings like the Stoppelman case (Supreme Court 2004).
Practical Examples of Personal Injury as a Passenger in Amsterdam
Example: You are a front-seat passenger in a car that crashes on the A10 because your friend is distracted. Whiplash follows; claim physiotherapy and lost income via their liability insurance.
Or a GVB tram accident on Museumplein due to slippery rails: the transport company is liable for hospital bills and taxi costs.
Train incident from Amsterdam CS due to a switch failure? NS compensates under the passenger transport act. Tip: note witnesses and take photos for your file at the Amsterdam District Court.
Comparison of Liability in Amsterdam Situations
| Situation | Liable Party | Insurance | Possible Exclusion |
|---|---|---|---|
| Car on Ring A10 | Driver/owner | Liability insurance | Contributory negligence (no seatbelt) |
| GVB tram or bus | Transport company | Public transport liability insurance | Force majeure (weather conditions) |
| Bicycle/moped passenger on canals | Driver/third party | Private insurance | No mandatory liability insurance |
Rights and Obligations in Personal Injury Cases in Amsterdam
You are entitled to full compensation:
- Pecuniary: Medical bills, rehabilitation, loss of income.
- Non-pecuniary: Pain and suffering via the Pain and Suffering Guide.
- Additional: Household help or loss of public transport pass.
Obligations:
- Report to police and insurer; check the Municipality of Amsterdam for traffic reports.
- Keep medical documents.
- Mitigate damages (art. 6:178 CC).
Engage a personal injury lawyer on a no win no fee basis, or start at the Juridisch Loket Amsterdam.
Frequently Asked Questions: Passenger Personal Injury in Amsterdam
Can I claim if the driver is family?
Yes, via liability insurance; the relationship does not matter. Premiums may rise, but the claim remains valid.
No seatbelt in Amsterdam?
Compensation is reduced due to contributory negligence (art. 6:106 CC), but you often still receive substantial amounts. Seek advice at the Amsterdam District Court.