In the case of a single-vehicle accident and personal injury, many victims believe they have no right to compensation. After all, there is no other driver or opposing party. Yet this is a persistent misconception. Even after a single-vehicle accident, there may very well be a right to personal injury compensation.
In this article, we explain in detail what a single-vehicle accident is, what options exist for compensation, and why many lawyers give up in precisely these cases — while we push forward.
What is a single-vehicle accident?
A single-vehicle accident occurs when only one road user is involved in the accident. There is no direct collision with another vehicle.
Examples include:
- running off the road with a car;
- crashing into a tree or pole;
- sliding out on a scooter or bicycle;
- an accident caused by poor road surface;
- having to swerve suddenly;
- falling due to an obstacle on the road.
Why do many people think compensation is not possible?
In a single-vehicle accident, there is often no clear liable opposing party. This quickly gives rise to the idea that you are "at fault" and therefore cannot claim anything.
Insurers regularly reinforce this perception. Yet legally, this is far from always correct.
Single-vehicle accident personal injury and liability
In the case of single-vehicle accident personal injury, it must be investigated whether there is still a liable party. This may be the case, for example, with:
- poorly maintained road surface;
- insufficient warnings;
- loose materials;
- defective traffic provisions;
- sudden creation of dangerous situations by third parties.
In such cases, liability can be based on creating a dangerous situation or a breach of the duty of care.
Single-vehicle accident caused by creating a dangerous situation
Was the accident caused by a dangerous situation, such as an open pit or an unexpected obstacle? Then the party that created or allowed that situation to persist may be liable.
In such cases, reference is often made to the criteria from the Cellar Hatch Ruling.
SVI insurance in single-vehicle accidents
Even when no liable third party can be identified, an SVI insurance (Vehicle Occupants Injury Insurance) may offer a solution.
An SVI pays out for personal injury of the driver and passengers, regardless of the question of fault. Particularly in single-vehicle accidents, this is often the most important route.
Read more on our page SVI coverage for personal injury.
Accident insurance and other policies
In addition to SVI insurance, other insurance policies may also play a role, such as:
- accident insurance;
- disability insurance;
- collective employer insurance;
- supplementary occupant insurance.
Which insurance pays out depends on the policy conditions and the circumstances of the accident.
What types of personal injury commonly occur in single-vehicle accidents?
In single-vehicle accidents, we regularly see serious injuries, such as:
- bone fractures;
- head and brain injuries;
- neck and back complaints;
- whiplash;
- permanent limitations;
- psychological complaints.
What compensation can you claim?
Even in a single-vehicle accident, substantial damages may be involved.
Material damages
- medical costs;
- rehabilitation costs;
- travel expenses;
- costs for household help;
- aids and adaptations.
Loss of income
Are you unable to work due to the injury? Then loss of income may arise. Loss of earning capacity can also be claimed.
Non-material damages
In addition, you often have the right to pain and suffering compensation for pain and distress. Read more on our page non-material damages.
Insurers and single-vehicle accidents
Insurers regularly reject claims in single-vehicle accidents quickly. They then argue that there is complete contributory negligence.
However, we see that these rejections are often legally too simplistic.
Where other lawyers give up
Single-vehicle accidents are labeled as "difficult" or "hopeless" by many firms. Especially when no clear liable party is in sight.
At Arslan Advocaten, that is precisely the starting point.
Out of court when possible
We first investigate all possible out-of-court routes. This includes claiming from insurance policies or substantiating liability in cases involving the creation of dangerous situations.
Litigation when necessary
If that does not lead to results, we do not shy away from proceedings. We litigate through, among others:
- preliminary relief proceedings;
- full proceedings on the merits;
- preliminary expert reports;
- witness examinations.
It is precisely this willingness to litigate that often makes the difference in single-vehicle accident cases.
Medical causation in single-vehicle accidents
In a single-vehicle accident, the connection between the accident and the complaints is often disputed. Here too, we are not deterred.
Read more on our page medical causation in personal injury.
Evidence in single-vehicle accident personal injury
Evidence is crucial. Consider:
- photos of the accident location;
- witness statements;
- police records;
- medical documentation;
- expert reports.
We actively help clients in collecting and deploying this evidence.
In single-vehicle accidents, insurance conditions and industry practices also play a role, as described by the Dutch Association of Insurers and expert organizations such as NIVRE.
Does legal assistance cost me money?
In personal injury cases, the costs of legal assistance are often recovered from the insurer. This also applies in many cases to proceedings.
Why choose Arslan Advocaten?
We combine in-depth knowledge of personal injury with extensive experience in insurance law. Particularly in complex cases such as single-vehicle accident personal injury, that combination is decisive.
Where other lawyers give up, we continue. Out of court when possible. Through the courts when necessary.
Have you sustained injuries in a single-vehicle accident and are you uncertain about your rights? Please feel free to contact us for a substantive assessment.