An accident during a stay abroad can be legally complicated. Which laws apply? Which court handles the case? And how can you settle the damage from Zoetermeer?
Which law applies?
In international personal injury cases, it is crucial to determine which law is applicable.
Rules in the EU: Rome II
Within the European Union, the Rome II Regulation determines which law applies to non-contractual obligations, such as personal injury.
General rules
| Scenario | Applicable law |
|---|---|
| Standard case | Law of the country where the damage occurred |
| Both parties from the same country | Law of that shared country |
| Traffic accident | Often the law of the location of the accident |
| Work accident | Law of the country where the work was performed |
Which court is competent?
The competence of a court is determined by the Brussels I bis Regulation.
Options for jurisdiction
- Place of residence of the counterparty: the court in the country of the tortfeasor
- Location of the damage: the court in the country where the incident occurred
- Suing the insurer: the court in the country of the victim
Traffic accidents within the EU
For traffic accidents in the EU, there are specific rules that offer victims extra protection.
Direct claim
According to the 4th and 5th Motor Insurance Directives, a victim can directly sue the counterparty's insurer in their own country.
Damage settlement
Every motor insurance company must have a representative in every EU country. For residents of Zoetermeer, this means that settlement can often take place in the Netherlands.
Traffic accidents outside the EU
Outside the EU, legal procedures are often more complicated.
Key points
- The law of the local country applies
- Damage compensations can differ significantly
- Procedures may differ from what you are used to
- Limitation periods are sometimes shorter
- Language and cultural differences play a role
Injury during a holiday
Damage during a holiday can arise from various causes.
Examples
| Case | Liable party | Remarks |
|---|---|---|
| Incident in hotel | Hotel or tour operator | May fall under the Package Travel Directive |
| Problem during excursion | Organizer or travel company | Often can be settled via the tour operator |
| Traffic accident | Tortfeasor or insurer | Local insurance rules |
| Medical error | Doctor or hospital | Local legislation applies |
Protection for package tours
The European Package Travel Directive provides extra safeguards for package tours.
Your rights
- Tour operator is responsible for all travel components
- Liability for errors in execution
- Assistance in case of problems on site
- Possibility to file a claim in the Netherlands
The role of travel insurance
Travel insurance can be essential in case of personal injury abroad.
What is covered?
| Type of coverage | What is reimbursed |
|---|---|
| Medical expenses | Treatment on site and return to the Netherlands |
| Accident insurance | Compensation in case of permanent disability |
| Legal assistance | Help with legal proceedings |
| Emergency assistance | Alarm centre and repatriation |
Practical advice
- Always file a report with the local police and request a proces-verbal
- Document everything: take photos, collect witness statements and keep medical documents
- Keep all receipts and invoices
- Report the incident directly to your travel insurer
- Seek help from an expert in international personal injury cases, for example via the Juridisch Loket Zoetermeer
- Be alert to shorter limitation periods in other countries
Local assistance in Zoetermeer
For legal assistance, you can go to the Juridisch Loket Zoetermeer. In addition, cases often fall under the District Court of The Hague, depending on the nature of the case.