What are the consequences after a single-vehicle scooter accident abroad?

Questioner

I would like to know what the consequences will be in the following situation. I am sitting on the back of my friend's scooter in the Philippines, but because the road surface is slippery due to the rain and there are pebbles in the bend, we slide in the bend. I (as a passenger) break my arm and my tooth breaks off. We have no further medical costs abroad, because we fly back to the Netherlands immediately and have my arm operated on there, go to the dentist and the physiotherapist. Fortunately, my friend does not sustain any injuries and there is no further material damage. He has a valid driver's license. I have basic health insurance with asr (which used to be Ditzo) and also have the additional insurance 'pechvogelhulp'. The pechvogelhulp reimburses dental and physiotherapy costs in the event of accidents. My friend is insured with CZ and, in addition to the basic insurance, also has the additional insurance 'youth' and dental insurance in the additional insurance. Now I have some questions about this: - If I hold my friend liable, what are the possible (adverse) consequences for him? (For example, could this have an impact on future claims he may make on his insurance?) - What costs will he have to pay (for example my deductible and additional costs as a dentist and physiotherapist) and what (of this) will be reimbursed for him by his insurance? (for example, are these costs separate from his deductible? Or will all costs that I have incurred for which I hold him liable be deducted from his deductible?) - Is he even 'guilty' since it was an accident and no one could do anything about it? Thank you very much in advance!

Lawyer

First of all, sorry to hear about the accident. I hope you recover quickly. Let me try to answer your questions. 1) If you hold your friend liable, this can indeed have consequences for his insurance position. Furthermore, if your friend is found liable, this can affect his future premiums. Exactly how this works, you should discuss with his insurer or read the policy conditions. 2) If your friend is found liable, he may be eligible to receive payment for expenses incurred as a result of the accident, such as medical expenses, deductibles and any other additional expenses you incurred. The exact compensation and what is covered will often depend on his specific insurance, for example, medical expenses for the driver of a motor vehicle are often not covered by standard liability insurance. 3) Whether your friend is actually 'guilty' or liable is up to a lawyer to determine. The fact that it was an accident and that no one could do anything about it does not change the fact that your friend could potentially be liable. However, this can be quite complicated and depends on the specific circumstances, such as the country you were in, the local law and the specific circumstances of the accident. In any case, it is recommended that you contact your legal expenses insurance if you have one, as they can best support you in this. If you do not have one, it may be advisable to consult a lawyer or other legal professional for advice. Please note that while I have done my best to give you a general guideline, every situation is unique and tailored legal advice is likely necessary. ---------------- 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.