Road accidents
Hit-and-run injuries: what if the driver cannot be identified?
An unknown or uninsured driver does not always end your claim. Understand the Dutch guarantee fund and the evidence to preserve.
Do not wait for the driver to return
After reaching safety and obtaining medical help, report the incident to the police. Write down any part of the number plate, vehicle description and direction of travel. Do not chase a departing vehicle. Ask witnesses for contact details and find out whether nearby cameras may have recorded the incident.
The practical goal is to preserve independent information. Footage may be overwritten and witnesses may leave the country. An early request to retain images can therefore matter even before anyone has decided who should handle compensation.
What the guarantee fund is for
The Waarborgfonds Motorverkeer is not a general accident compensation scheme. A motor vehicle must have caused the relevant damage in circumstances covered by the fund. An unexplained fall or an incident caused only by another cyclist does not automatically fall within its remit.
There are specific conditions concerning evidence, liability and attempts to trace the responsible person. Act promptly rather than relying on a general personal injury limitation period. Have the applicable requirements checked for your incident, especially if the collision happened outside the Netherlands.
Build a factual timeline
Record what you personally saw and distinguish it from what witnesses told you. Save the police reference, photographs of the scene and any damaged property. Medical records can support the fact and timing of injury, but may not independently prove which vehicle caused the accident.
Our existing guide to claims without a police report explains why several types of evidence may be needed. A police report is useful, but it is not itself a guarantee that a compensation claim will succeed.
Keep immediate expenses separate from final settlement
Treatment costs and missed income can arise before the investigation is complete. Keep a running loss schedule and ask what evidence is needed for any available interim payment. Do not assume that every expense will be paid simply because an application has been submitted.
Example: only part of the number plate is known
Illustrative example · fictional situation, not a client case
A pedestrian remembers the colour of a departing car and two registration characters. A witness recalls the direction of travel but not the plate. A shop camera may cover the road. Combining the separate observations produces a clearer record than asking everyone to repeat one agreed version.
Practical takeaway: Save each person’s original account, including uncertainty. Do not fill gaps with guesses.
For the broader steps after a collision, read the traffic accident guide. If you were walking when the vehicle struck you, our pedestrian accident legal support can assess the circumstances and the missing-driver evidence together.
What to record when a driver leaves
- Write down the time, exact location, vehicle description and any partial registration.
- Keep witnesses’ original accounts and contact details.
- Report the incident and retain the police reference.
- Ask promptly about nearby camera footage without putting yourself at risk.
- Have the applicable guarantee-fund conditions and deadlines checked promptly.
Questions you may still have
Can I apply if I was cycling?
Potentially. The crucial issue is whether an eligible motor vehicle caused the injury and whether the fund’s conditions are satisfied, not whether you were driving a car.
Is my own account enough?
Your account matters, but independent support may be needed to establish the involvement and liability of an unknown motor vehicle. Discuss gaps in the evidence promptly.
Sources and legal context
General information about Dutch personal injury claims. Some source material is in Dutch. Your circumstances may require a different assessment.
This guide explains general principles. It is not a decision on liability or the value of an individual claim.