Road accidents
Can compensation be reduced if you were partly at fault?
Separate the cause of the accident from the extent of your injuries. A partial-fault allegation needs an explanation and evidence.
Ask what the allegation actually means
An insurer might say you caused part of the collision, or that your behaviour increased the severity of your injuries. Those are different arguments. For example, a dispute about priority concerns how the accident occurred, while a seat belt allegation may concern which injuries would otherwise have been avoided.
Request the factual and legal reasons for any proposed reduction. An unexplained percentage is not the same as an agreed outcome. Keep your own account consistent and correct inaccuracies promptly.
The type of accident matters
An ordinary collision between motor vehicles is not assessed in exactly the same way as a motor vehicle injuring a cyclist or pedestrian. Special protective rules may apply to vulnerable road users. Workplace injury also has its own framework: a momentary mistake is not automatically deliberate recklessness.
If the accident occurred during work, read what an employee’s own mistake means. For cycling collisions, our existing car-versus-bicycle explanation provides context.
Preserve evidence before negotiating percentages
Photographs, witnesses, vehicle positions and relevant footage can matter more than who apologised at the scene. People often say sorry when shocked, even when the legal position is unclear. Explain the words in context rather than hiding them.
If the extent of injury is disputed, medical and technical evidence may be needed. Neither an insurer nor the injured person should guess what a different action would have prevented without considering the evidence.
Understand what a reduction affects
A liability percentage can have substantial consequences when applied to future income loss or care costs. Ask how it affects advances, final compensation and legal costs. Do not focus only on a small immediate repair bill if the agreement might also cover bodily injury.
Before accepting a proposal, use the final settlement checklist to understand what rights you would release. Injury Lawyer can discuss your position through our personal injury service.
Example: an insurer points to one disputed action
Illustrative example · fictional situation, not a client case
After a junction collision, an insurer says one driver could have reacted earlier. The injured driver has photographs of the junction and a witness who saw the approach. The disagreement concerns the sequence and opportunity to react, not simply whether the injured person feels they could have done something differently.
Practical takeaway: Separate the established facts from allegations and personal hindsight. Ask which evidence supports the insurer’s position; do not convert an allegation into an agreed percentage.
The starting point depends on the accident. The car accident guide addresses car collisions, while our guide for injured pedestrians explains that setting. Describe the people and vehicles involved before assuming that an argument about fault has the same effect in every claim.
Before responding to an allegation of fault
- Identify the exact action the other party says contributed to the accident.
- Separate agreed facts from disputed statements.
- Preserve photographs, witness accounts and the original correspondence.
- Ask for the basis of any proposed reduction rather than assuming it is fixed.
- Have the accident type and relevant legal framework assessed before accepting a split.
Questions you may still have
Is compensation always split fifty-fifty when both parties made a mistake?
No. There is no universal equal split. The applicable rules, causal contribution and possible fairness considerations require an individual assessment.
Does apologising at the scene end my claim?
Not automatically. The surrounding circumstances and other evidence matter. Tell your adviser exactly what was said and avoid changing the factual account to fit a preferred outcome.
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.