A collision with a truck at the Van Brienenoordbrug does not leave you solely with vehicle damage. The first minutes determine whether you can later claim compensation for pain and suffering (smartengeld) and personal injury damages (letselschade) via the Rechtbank Rotterdam, particularly where international port workers or heavy traffic are involved.
1. Involve the police immediately in case of injury or doubt as to liability
In collisions involving injury or unclear liability, the police prepare an official report (proces-verbaal). This document is essential when dealing with insurers and in court proceedings. Always request the report number. In cases of minor damage the European Accident Statement may suffice, yet this is rarely the case in the Port of Rotterdam.
2. Document the scene with images
Photograph and film before vehicles are moved:
- Final positions of all vehicles
- Damage from multiple angles
- Skid marks, signs and traffic signals
- Weather conditions and visibility
- Registration plates and company logos
3. Collect statements from bystanders
Ask witnesses for their name, telephone number and a brief description. An independent observation is often decisive in disputes over liability. Note the details immediately on your phone or record a voice message.
4. Undergo a medical examination, even if symptoms have not yet appeared
Whiplash or a concealed hernia often manifests only after several days. Visit a general practitioner or emergency department within 48 hours and ensure all findings are recorded. Without timely medical documentation, causation will be difficult to prove later.
5. Complete the European Accident Statement in full
Both parties must sign. Never admit liability outright; describe only the facts. In case of disagreement, tick “no agreement” and notify your own insurer.
6. Send a formal notice of liability within two weeks
Send a registered letter to the other party or their WAM insurer (motor liability insurer). Record the date, location, cause and consequences. This letter interrupts the limitation period and is a prerequisite for further settlement of damages.
7. Instruct a personal injury specialist in case of injury or damages exceeding € 5,000
The costs of legal representation are recoverable from the liable party. Victims who obtain professional assistance receive on average 30 to 50 per cent more compensation. Contact the Arslan office at Wilhelminaplein 100 in Rotterdam (010 - 4400 400) immediately for an initial consultation.
Frequently asked questions
Within what period must I act? The limitation period is five years from the moment you become aware of the damage and the liable party (article 3:310 BW). Evidence disappears rapidly, so acting promptly is advisable.
What if I am partly at fault? In cases of contributory negligence, compensation is reduced proportionately (article 6:101 BW). An experienced lawyer can often achieve a more favourable apportionment before the Rechtbank Rotterdam or via Juridisch Loket Rotterdam.