Accident as a delivery person

Claiming damages for personal injury after an accident as a delivery driver

A traffic accident can happen easily; accidents happen every day on Dutch roads. It's therefore quite possible that you, as a (meal) delivery driver, will be involved in an accident. This could be on your scooter or (electric) bicycle.



In the event of an accident involving you as a delivery driver, it's important to document the circumstances of the accident. You might have slipped, fallen, hit an obstacle, or accidentally caused the accident yourself. It's also quite possible that someone else is responsible for the accident, for example, if you were hit by a car.

In both cases, there's a good chance you've suffered personal injury. By far the most common incidents involving personal injury occur in traffic. Our lawyers will assess your injury and help you claim fair compensation from the liable party. This allows you to focus on your recovery.

Legal support throughout the Netherlands

As your expert partner for personal injury claims, we serve victims nationwide. With offices in Amsterdam and Utrecht, we offer nationwide coverage and will visit you at home if necessary. Our experience in successfully claiming personal injury damages makes us a leading name in the industry.

Hardt Advocaten is proud to hold the National Personal Injury Quality Mark, a prestigious recognition that emphasizes our commitment to quality and professionalism. This quality mark, awarded by the Dutch Personal Injury Council (De Letselschade Raad), reinforces our reputation as a reliable and expert entity within the personal injury sector.

Hardt Advocaten was founded with the goal of supporting victims of personal injury and providing the best possible legal help. With our in house lawyers, we can assist you from start to end.

Claiming damages after a traffic accident as a delivery driver

Have you had an accident as a delivery driver and do you think someone else can be held liable? We're happy to help you assess the damage and recover damages from the other party. We can work with you to assess the damages and file a claim. We use photos of the accident, witness statements, and medical records to assist you. Sometimes it's necessary to engage a medical advisor or other expert.

Any expenses you wouldn't have incurred without the accident are eligible for reimbursement. Therefore, keep track of all your expenses from day one.

Collecting evidence after a traffic accident

Collecting evidence is a critical step in claiming compensation after a car accident. Immediately after the accident, it's important to gather as much evidence as possible. This includes photos of the accident scene, your injuries, and any damage to personal property.

It's also crucial to gather the names and contact information of witnesses who can support your version of events. Medical reports prepared by a doctor immediately after the accident will serve as evidence of your injuries and are invaluable in supporting your claim. We'll help you gather evidence and use it to support your claim.

Payment of compensation

Once the evidence has been gathered, the other party has been found liable, and the claim has been filed, the other party's insurer will launch an investigation into the accident, and our personal injury lawyers will discuss appropriate compensation. Depending on the complexity of the case, this process can take some time. During this period, we will keep you updated on all developments.

If you've suffered personal injury, you may face additional (medical) costs. That's why we request interim advances to alleviate acute financial hardship during the personal injury claim process. The insurer will propose compensation.

We advise you on making the right choices, ensuring you receive the compensation you're entitled to. If the outcome is unsatisfactory, we can, in consultation with you, take the case to court. In many cases, however, a settlement is reached without the need for a lawsuit.

Shared blame in a traffic accident

In situations where both parties are partly responsible for the accident, compensation is often divided according to the degree of fault each party suffered. This concept of shared fault can be complex and requires a detailed analysis of the accident. Legal advice is essential in such cases to ensure a fair division of responsibility and compensation. Hardt Advocaten offers legal support in claiming your personal injury damages, so you get what you're entitled to.

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Accident as a meal deliverer

Claiming personal injury damages as a meal deliverer

Research shows that the risk of a food delivery driver being involved in a traffic accident is relatively high. This isn't surprising, as food delivery drivers are often on the road, a place where many accidents occur and there is a risk of (serious) injuries. The research also shows that e-bikes, which are increasingly being used by delivery services, are frequently involved in accidents.

In recent years, meal deliverers are often sent out by their employers on e-bikes. Examples include delivery services like Flink, UberEats, and Thuisbezorgd. If the bike has defects that lead to an accident, the employer is liable for the meal deliverer's injuries.

Personal injury as a meal deliverer: Liability for a regular bicycle

If the bicycle does not show any obvious defects that could cause unsafe situations, it depends on several factors who is responsible for the injuries of a food delivery driver in the event of an accident during working hours.

First, it's important to know what type of e-bike the delivery person is using. If the bike doesn't go faster than 25 kilometers per hour and has a maximum power of 250 watts, it's considered a regular bike.

If a food delivery person on such a bicycle is involved in an accident with a motorized vehicle, the driver of that vehicle is liable for the damage. This follows from Article 185 of the Road Traffic Act (WVW), as the food delivery person is considered a "vulnerable road user" in that case.

Your employer may also be liable.

Personal injury as a meal deliverer: Liability for electric bicycles

Different rules apply to electric bicycles that go faster than 25 kilometers per hour. These are not considered "regular" bicycles, so Article 185 of the Dutch Road Traffic Act (WvW) does not apply. Employers must take out special insurance for e-bikes; otherwise, they are obligated to pay for the damage themselves. Research shows that many employers are still unaware of this. Your employer is also required to take out insurance for other motorized vehicles.

Liability for personal injury when delivering as a self-employed person

In recent years, it has become increasingly common for various delivery platforms to no longer employ delivery workers, but to hire them as independent contractors under a contract. These delivery workers are registered with the Chamber of Commerce and do not receive a salary from the platform. Instead, they send periodic invoices based on the hours worked or services performed. This arrangement is advantageous for the platforms, as they do not have to arrange for sick pay, for example.

The Amsterdam Court of Appeal, however, criticized this practice. In a case against delivery platform Deliveroo, it ruled that the assignment agreement and the actual employment relationship were so similar to an employment contract that it should be considered as such. This meant that delivery drivers with an assignment agreement were granted the same rights as employees, including the right to compensation in the event of an accident. Ultimately, it is the specific agreement between the client and the self-employed worker, as well as its practical implementation, that determines whether an employment contract exists.

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Suffering personal injury? We'll help you get back on track. Contact us for a free consultation.

Legal help with your recovery

Types of injuries after a scooter accident

Hardt Advocaten offers specialized assistance in a wide range of situations, from traffic accidents to workplace accidents. Our goal is to provide each client with tailored legal support, tailored to the specific circumstances of the accident. Recognizing the diverse challenges that personal injury cases present is the first step toward a targeted approach.

If you have been involved in a traffic accident, you may be left with various complaints.

Examples of injuries include:

• Neck injury
• Whiplash
• Head injury
• Spinal cord injury
• Knee complaints
• Bone fractures
• Scars
• Mental complaints

For optimal recovery from personal injury after an accident, it's crucial to initiate appropriate medical treatments promptly to prevent further or permanent damage as much as possible. Medical treatments for personal injury include physiotherapy, rehabilitation programs, occupational therapy, and/or psychotherapy. We'll work with you to determine what you need to recover from your injury.

Claiming damages for traffic accidents, industrial accidents and other accidents

Traffic accidents represent a significant portion of personal injury cases. Whether you're involved as a driver, cyclist, pedestrian, or passenger, the consequences can be far-reaching. At Hardt Advocaten, we focus on claiming damages and providing the necessary support in the social services sector to smooth your path to recovery and improve the situation before the accident. With us, you are our priority.

Your options

We offer comprehensive legal support, aiming to restore the situation as much as possible to its pre-accident state. Our lawyers are dedicated to ensuring your damages are fully compensated by obtaining the compensation you are entitled to.

Want to know more, or have you been involved in an accident as a (meal) delivery driver? Feel free to contact us, free of charge, to discuss your options. You can reach us by phone at 030 2690063 or through our contact form. We'll help you get back on track!

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I'm very pleased with Hardt's services after my motorcycle accident. I was kept informed throughout the entire process. Thanks to their dedication, I received the fair compensation I was entitled to, even though I didn't realize I was entitled to it. I recommend Hardt to anyone who needs help with personal injury cases.

Thanks again Team Hardt.