Personal Injury as a Passenger in Rotterdam: Your Rights
Personal injury as a passenger in Rotterdam includes physical or psychological harm from an accident, such as in a car on the Erasmusbrug, a RET tram, or the metro. As a Rotterdam resident, you are entitled to compensation depending on liability. This article explains how to enforce your rights at the District Court of Rotterdam or through the Legal Aid Office Rotterdam.
What is Personal Injury as a Passenger in Rotterdam?
Personal injury as a passenger refers to health damage from an accident in Rotterdam traffic, ranging from bruises to broken bones, whiplash, or PTSD. You are not the driver but can be the victim of others' errors, such as a reckless driver on the A20 or vehicle defects. In Rotterdam, with its busy port traffic and public transport network, this is a common issue in traffic law. Compensation covers medical expenses, loss of income, and pain and suffering to help restore your life. See also our article on personal injury as a passenger in a car in Rotterdam.
Legal Basis for Personal Injury as a Passenger
Personal injury claims in Rotterdam fall under the Dutch Civil Code (DCC), Book 6 (tort). Key articles:
- Article 6:95 DCC: Liability in traffic accidents; claim against the at-fault party's third-party liability insurance.
- Article 6:162 DCC: Fault by the wrongdoer, such as a driver, results in liability.
- Article 6:106 DCC: Apportionment of damages for contributory negligence, e.g., not wearing a seatbelt.
The WAM Act requires third-party liability insurance; for public transport like RET, the Passenger Transport Liability Act applies. For product defects (e.g., faulty tram seat), Article 6:185 DCC applies. The District Court of Rotterdam follows precedents like the 'Stoppelman case' (Supreme Court 21 December 2004), with advice available from the Legal Aid Office Rotterdam.
Practical Examples of Personal Injury as a Passenger in Rotterdam
Example: As a passenger in a car that crashes on the Willemsbrug due to your friend's speeding, you suffer whiplash. Claim medical costs and lost income via their third-party liability insurance.
In a RET tram accident on slippery roads in Rotterdam South, you are injured. The public transport operator is liable through their insurance for hospital and travel expenses.
In a metro or train incident at Rotterdam Centraal due to a malfunction, pursue the carrier under the Passenger Transport Liability Act. Preserve evidence: photos, witnesses, and medical records.
Comparison of Liability in Rotterdam Situations
| Situation | Liable Party | Insurance | Possible Exclusion |
|---|---|---|---|
| Car accident (e.g., A13) | Driver/owner | Third-party liability insurance | Contributory negligence (no seatbelt) |
| RET tram/metro | RET or carrier | Public transport liability insurance | Force majeure (weather) |
| Bike/moped passenger (Kralingse Plas) | Driver/third party | Private insurance | No mandatory third-party liability |
Your Rights and Obligations in Case of Personal Injury in Rotterdam
You are entitled to full compensation:
- Material damage: Doctor's bills, therapy, aids, loss of income.
- Non-material damage: Pain and suffering compensation per the Smartengeld Guide.
- Other: Household help or study disruption.
Obligations:
- Report immediately to police, insurer, and Municipality of Rotterdam (for public transport).
- Retain medical documents and follow treatment.
- Avoid further damage (duty to mitigate, art. 6:178 DCC).
Engage a personal injury lawyer via the Legal Aid Office Rotterdam; often on a 'no win, no fee' basis with legal aid insurance.
Frequently Asked Questions about Passenger Personal Injury in Rotterdam
Can I claim if the driver is family?
Yes, via the third-party liability insurance, even if family. The District Court of Rotterdam handles this impartially.
What if I wasn't wearing a seatbelt?
Your compensation may be reduced due to contributory negligence (art. 6:106 DCC). The Legal Aid Office Rotterdam can advise on your prospects.
How do I claim in a RET accident?
Contact RET and your insurer; if disputed, proceed to District Court Rotterdam.