Liability after accident with ghost driver

Questioner

My friend was hit from behind. His car and the one behind him are probably both total losses. My friend had to brake suddenly because a ghost driver was coming. He managed to move aside in time and escaped without further damage. The woman who drove against traffic has given a statement to the police. Who is liable and is this just an insurance issue?

Lawyer

Good morning, First of all, I hope your friend is doing well. I can imagine it would be quite a shock if you were confronted with a ghost driver. The ghost driver can be held liable. This is indeed an insurance issue. You can always contact me without any obligation to discuss anything.

Lawyer

You ask who is liable and whether this is an insurance issue. In principle this is indeed an insurance issue. If the car is WA + casco insured then it is best to arrange everything via your WAM insurer regarding the vehicle damage. Legally, based on the information you have outlined, I advise you to hold the WAM insurer of the car that drove into the back of your friend's car liable on the basis of article 6:162 BW in conjunction with article 19 RVV. This has to do with the fact that your friend will have no trouble proving that someone drove into the back of his car. The damage speaks for itself. This is a violation of article 19 RVV. The driver of the other car can be held liable for this. On the basis of article 6 WAM, your friend has a direct right of action against the WAM insurer. But this is the lawyer speaking. Intuitively, I understand that your friend would rather hold the ghost driver liable. Especially since the accident appears to have been entirely his fault. However, your friend may find himself in a difficult position of proof if he decides to hold the ghost driver liable. Your friend may have to prove that the other person ended up on his side of the road (violation of article 3 paragraph 1 RVV). Certainly if this is denied by the ghost driver. It is possible that the driver who collided with the back of your friend's car has made a statement about this. For example, on a mutually completed accident report form. In that case, the burden of proof can probably be met. In other words: do you have a statement from the other driver who crashed into the back of your friend's car? Do you have the police documents in your possession that provide some evidence? Depending on this information, you can determine who can best hold your friend liable.