Had an accident? Legal advice for your liability

Questioner

I had a collision with another car that wanted to enter or exit a driveway. This person was (according to him) driving backwards onto a driveway. That was not clear to me. He was standing with his wheels on the pavement. That was on the left side of the road. I came out of the bend and then drove on a straight road on the right side. After 20 meters after the bend I collided with him. In my perception this car came forward a bit, causing me to hit it hard. This person says he is not at fault because I should have waited and because he wanted to drive UP a driveway. I thought he was coming from a driveway and should have stopped for me because I was on a main road. My question now is who is guilty?

Lawyer

Who is liable will not only depend on both your actions, but also on the situation on site. In this respect I am thinking in particular of the road layout and width of the road. The fact is that when the other party wanted to drive into a driveway, he was busy with a special manoeuvre so that he should have given priority to all other traffic pursuant to art. 54 RVV 1990. If there is a dispute about who is to blame, I advise you to report the damage to your liability insurer. By doing so, you do not acknowledge liability. The insurer will assess the situation and, if necessary, defend itself. If you do not report the damage, you are acting in violation of the insurance conditions. This can have unpleasant consequences. If you have comprehensive insurance, you can also report the damage there (usually this is the same insurer). This insurance will compensate your damage and then take recourse. If you do not have comprehensive insurance, you will have to recover the damage from the other party. If you have legal expenses insurance, they can help you with this. Success! Yours sincerely,