Who pays · recovery assistance · time limits
Recovering your loss from someone else
If someone else is liable, you do not have to bear the loss yourself. But you do have to be able to prove it.
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How it works
You hold the party who caused the damage liable, usually in writing. Their liability insurer then assesses whether they are liable and whether the loss is correct.
If they accept liability, your loss is paid. If they dispute it, discussion follows and sometimes court proceedings.
What recovery assistance does
Many legal expenses insurance (rechtsbijstandverzekering) policies include a recovery assistance module, which pursues the claim on your behalf.
That is the mirror image of liability: your own liability insurance defends you when someone holds you responsible, while recovery assistance helps you when you hold someone else responsible.
What you have to do yourself
Record the evidence: photographs, witnesses with contact details, and a written notification with a date. Without supporting evidence, recovery is difficult, however clear the situation seemed at the time.
Please note time limits. The general limitation period is five years, but shorter periods apply in some situations — one year for carriage under the CMR convention, for example.
What Article 6:96 of the Dutch Civil Code adds
The reasonable costs you incur in order to obtain compensation are themselves also recoverable. In personal injury cases this means you can be assisted without having to pay the costs up front.
Frequently asked questions
The questions we are asked most often about this.
How do I recover my loss from someone else?
By holding the party who caused it liable in writing; their insurer then assesses the claim.
What is recovery assistance?
A module that pursues the claim for you; the mirror image of your liability cover.
What should I record?
Photographs, witnesses with contact details and a written notification with a date.
How long do I have?
Usually five years, but one year for carriage under the CMR convention; check the time limit.
Will my costs be reimbursed?
Reasonable costs incurred in obtaining compensation are recoverable under Article 6:96 of the Dutch Civil Code.
Can you help?
Yes; we assess the notification and guide the recovery process.
What is covered and what is not
Who pays for your loss
| Situation | Your own policy | Recourse against the party at fault |
|---|---|---|
| Your neighbour saws off a branch that falls on your shed roof | Yes | Yes |
| A contractor drills into the water main in the street and your cellar floods | Provided that | Yes |
| A cyclist rides into your parked car and cycles on | Provided that | No |
| You are hit by a car that turns out to be uninsured | Provided that | No |
| The cost of the expert you instructed to substantiate your loss | Provided that | Yes |
| Damaged goods carried under the CMR convention that you only report after fourteen months | No | No |
If your own insurer pays out, it takes over the recovery; you can also recover your excess from the party at fault yourself.