Unfortunately, in the Netherlands it is still common for road users to continue driving after a traffic accident without reporting. Recent research shows that at least eight hit-and-run incidents occur every hour, with nearly 74,000 hit-and-run incidents reported last year. Although there is a slight decrease compared to previous years, this behavior remains a serious road safety problem.
As a personal injury lawyer at MCJ Advocatuur, I see the devastating consequences of driving after an accident every day. It is crucial that victims of such situations are aware of their rights and the steps they can take to get justice.
Local Figures
In our region, including Breda and surrounding municipalities, continuing to drive after an accident remains a serious problem. According to recent data, an average of 4.8 hit-and-run cases per 1,000 residents were reported in 2023, which is higher than the national average. However, higher incidence rates were observed in specific municipalities around Breda, such as Oosterhout, Etten-Leur and Roosendaal. In Oosterhout, for example, the number of drive-through cases per 1,000 inhabitants was 5.3, while in Etten-Leur it was 4.9 and in Roosendaal 5.1.
Legal Consequences
According to the law, drivers are legally obliged to remain at the scene of the accident and report to the police. Driving after an accident is punishable and can have serious legal consequences, such as a maximum prison sentence of three months, a fine of up to 8,100 euros and the loss of your driver’s license for up to five years.
Financial damage
The financial consequences of continuing to drive after an accident are significant. The Guarantee Fund provides compensation to victims of hit-and-run accidents, but the number of cases continues to increase car insurance premiums. For example, in 2022 the fund paid out 68.1 million euros to victims, which resulted in higher insurance premiums for all motorists, including in our region around Breda.
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Experiencing a traffic accident is unpleasant enough, but if the person responsible continues driving after the incident, this can cause even more problems. It is then very important to know what steps you need to take.
Below we share the most important tips on what to do if you are the victim of an accident and the perpetrator drives away after the incident:
- Information collection and reporting
If you are the victim of hit-and-run after an accident, it is important to collect all available information, such as the license plate number, a description of the driver or other persons present, and the circumstances of the incident. Then immediately report it to the police so that they can start an investigation. There may also be witnesses who come forward and can help identify the perpetrator. - Submit a claim to the Motor Traffic Guarantee Fund
If the police are unable to identify the perpetrator, you can submit a claim to the Motor Traffic Guarantee Fund. This agency was created to help victims who have been harmed by an unknown third party. However, it is wise to be properly informed about this by a personal injury lawyer to ensure that you do not miss any essential parts of the claim. - Right to Compensation
In addition to damage to your vehicle and physical injuries, you can also suffer mental damage from a traffic accident. This immaterial damage, such as pain and loss of enjoyment of life, is compensated with damages. The amount depends on various factors, including the circumstances of the accident, the nature of the injury and its consequences.
Expert Help and Support
As a victim of driving after an accident in the Breda area, you can count on the expert assistance of MCJ Advocatuur. We can help you gather evidence, negotiate with insurers and submit a claim to the Guarantee Fund.
Driving after a traffic accident is not only a criminal offense, but it can also have devastating consequences for victims and society. If you or a loved one has been the victim of hit-and-run after an accident, contact MCJ Advocatuur immediately for professional legal assistance.