Who is liable for an accident?

Questioner

My son, 19 years old, rides a scooter. A van crosses the cycle path, does not give sufficient priority, so drives through to half of the cycle path, son gets scared, brakes and falls, damage (material). Should I send the notice of liability to: - the driver of the bus? - the company he works for? - the company's insurance? I have the contact details of all three parties.

Lawyer

In traffic accidents in the Netherlands, liability is normally assigned to the party that was negligent, based on the traffic regulations and the specific circumstances of the accident. In this case, if the driver of the van did not give sufficient right of way, then he or the company he works for would generally be considered liable. In most cases, the process of claiming liability is done through the insurance of the other party. It may therefore be wise to send the claim to the company's insurance, as they are likely to be the ones who will ultimately pay the compensation. However, I would advise you to discuss the matter further with a specialized lawyer or legal expert. They can best advise you based on the specific details and circumstances of your situation. This is because it depends on many factors, such as the severity and nature of the injuries, the circumstances of the accident, and the specific terms of the applicable insurance policies. There are also situations where even if the company's director is at fault, the company itself can be exempted from liability, for example if the driver was under the influence of alcohol or drugs at the time of the accident. But these are all specific legal nuances that a specialized lawyer or attorney can best inform you about.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Lawyer

Dear questioner, Fortunately, everything ended well and no physical injuries occurred. It is important that you hold the employer liable, naming the driver as the perpetrator. You can also contact me via this platform or via email address: groenewegenjuristen@gmail.com, we can provide you with free legal assistance. If you have any questions, please feel free to ask. Greetings, Mr. Groenewegen. J.