What about liability and insurance after a traffic accident abroad?
How liability is arranged abroad cannot simply be summed up in a few words. Liability rules differ from country to country, and of course the same can be said of traffic rules. After a traffic accident abroad, the rule is therefore that the liability law of that country applies. That makes sense: if a Belgian has an accident in the Netherlands, the Dutch liability rules simply apply too. Otherwise it would quickly become a muddle. However, we need to distinguish between a traffic accident in Europe and a traffic accident outside Europe. This page describes the situation for drivers insured in the Netherlands.
Liability and damage after a traffic accident in another EU country
Dutch insurance policies also simply apply in Europe. So when someone insured in the Netherlands causes an accident in Germany, the Dutch third-party liability (WA) insurer will pay for the damage to the German driver.
Within Europe, many rules have also been harmonised. For example, the 4th Motor Insurance Directive (4de WAM-richtlijn) states that every insurance company must appoint a representative in the other countries. This obligation applies not only in the European Union, but also in Iceland, Liechtenstein and Norway. Anyone who suffers damage in another country caused by a vehicle that is insured and registered there can submit the claim in the Netherlands to the representative (claims representative, schaderegelaar) of the foreign insurer. That representative is not liable itself, but handles and settles the claim on behalf of the insurer (article 21 of Directive 2009/103/EC). This makes the handling of the claim file much smoother. And if problems still arise, a complaint can be submitted to the Motor Insurers' Guarantee Fund (Waarborgfonds Motorverkeer). They can also award compensation themselves if necessary.
Another advantage is that compulsory third-party liability insurance in the European Union must cover bodily injury up to at least €6,450,000 per accident or €1,300,000 per injured party, and property damage up to at least €1,300,000 per accident (article 9 of Directive 2009/103/EC, as amended by Directive (EU) 2021/2118). In the event of a claim in another European country, people insured in the Netherlands can therefore always be sure that the foreign cover will be sufficient. If it eventually turns out that the foreign driver has no insurance, that insurer cannot be traced within two months, or the other party has fled, the Dutch Motor Insurers' Guarantee Fund can again pay for the damage.
When going on a driving holiday in Europe, there is little to worry about as far as liability is concerned. Insurance for breakdown recovery and assistance can of course be a plus. It also remains important to check what the traffic rules are abroad. Have you been the victim of a collision abroad? Then follow the step-by-step plan below.
Applicable law
Above, we assumed that the law of the country where the accident takes place applies. However, that does not always have to be the case. At European level, a number of agreements have been made on this too, in the Rome II Regulation (Rome II-verordening). The most important are:
- Principle: the national law of the country where the injury was sustained applies
- Exception: if there is a closer connection with another country, the law of that other country applies (for example, in a traffic accident between two Dutch people in Belgium, the Dutch rules apply after all)
In addition, agreements were also made in the Hague Convention on the Law Applicable to Traffic Accidents (Haags Verkeersongevallenverdrag):
- Principle: the national law of the country where the accident took place applies (so this is not the country where the injury was sustained)
- Exception 1: in a single-vehicle accident, the law of the country where the vehicle is registered applies
- Exception 2: in an accident involving more than one vehicle where both cars are registered in the same country, the law of that country applies
There is a subtle difference between these two treaties. Moreover, it is perfectly possible that both apply, and then it is not entirely clear which of the two will take precedence. It shows that despite European efforts, international accidents can still be complicated and that good legal expenses insurance is not an unnecessary luxury.
Dashcam use in Europe
For reasons of evidence it can be useful to use a dashcam, but always check whether using a dashcam is actually allowed. Even within the European Union this is not the case in every country. Below is an overview of the most important legislation.
| Country | Allowed | Can be used as evidence |
|---|---|---|
| Belgium | Yes | The court must rule on the lawfulness |
| Germany | Yes, but not recommended | Only in exceptional cases |
| Finland | Yes | Yes |
| France | Yes | Yes |
| Hungary | Yes | Yes |
| Luxembourg | Yes | Yes, but the filming itself can be prosecuted as a criminal offence |
| Norway | Yes | Yes |
| Austria | No | Yes, but a fine can be imposed for the filming |
| Poland | Yes | The court must rule on the lawfulness |
| Czech Republic | Yes | Yes, but the other party must be informed |
| Switzerland | Yes, but not recommended | The court must rule on the lawfulness |
Step-by-step plan after a traffic accident in another EU country
Fortunately, the handling of a claim file after a traffic accident in another EU country usually goes fairly smoothly. That is because many European agreements have been made.
- Fill in a European accident statement form
Immediately after the collision, the file is handled in the same way as in the Netherlands. Get all the paperwork in order, take photos of the damage, write down the details of witnesses and so on. The claim form used in other EU countries is identical, by the way: there is a European claim form that is used throughout the EU. You can download it here. You can also do this on your phone, via the website Mobielschademelden.nl (Play Store and App Store).
European claim form (PDF)Mobielschademelden.nl (website)Mobiel Schade melden (Android)Mobiel Schade melden (iOS) - Look up the representative
The representative is easy to look up via the website of the Dutch Motor Insurers' Bureau (Nederlands Bureau Motorrijtuigverzekeraars). By answering three questions, the online tool tells you who the representative is. If the tool does not produce a result, the Dutch Motor Insurers' Bureau will look into the situation.
- Report the collision to the representative
Just as in the Netherlands, you are required to report the collision to the representative yourself. Pass on all information and evidence straight away. The representative will then arrange everything with the foreign insurance company and will also keep in touch with you.
Liability after a traffic accident outside Europe
When a claim occurs outside the European Union, Iceland, Liechtenstein or Norway, the foreign rules apply without delay. The liability rules and traffic legislation can differ greatly.
In any case, it is important to know that problems can also arise with the foreign third-party liability insurance. In Suriname, for example, some insurers cover damage up to SRD 40,000 (Surinamese dollars). In a serious accident with personal injury, that will never be enough. That is something travellers really should pay attention to. After all, in such countries it is often not even possible to get full third-party liability cover that meets European standards.
Also always pay attention to insurance-related requirements. In Russia, for example, all insurance companies impose the obligation to drive with a dashcam. That is because insurers were constantly having to deal with insurance fraud. With foreign insurance contracts, always ask whether there are extra obligations attached to the insurance.
After a collision outside the European Union, the damage must in any case be settled with the foreign insurer. The Dutch Motor Insurers' Bureau can, however, help with tracing the right insurer and obtaining the right contact details.
Frequently asked questions about traffic accidents abroad
How does liability work on the German Autobahn?
Many drivers see the German Autobahn, where there is sometimes no speed limit, as a free race track. That is not a good idea. Not only because it is dangerous, but also because liability is usually put at risk. In Germany there is an advisory speed of 130 km/h. If this speed is exceeded, German law will quickly assume that the insured person took an unnecessary risk and therefore made a mistake. That in turn has consequences for the Dutch insurer, which then passes this on to the insured person via the no-claims ladder (bonus-malus ladder).
Do the European rules also apply to the United Kingdom?
No, not automatically any more. The transition period after the United Kingdom left the European Union ended on 31 December 2020 (article 126 of the Withdrawal Agreement). Since then, EU law has in principle no longer applied there (article 127). If you have an accident in the United Kingdom, it is wise to check with your own insurer how the claim will be handled.
Does my Dutch insurance also cover damage outside the European Union?
Most third-party liability insurers simply provide compensation for damage outside the European Union, and certainly for countries bordering the European Union. However, the exact cover differs from insurer to insurer. The green card (international motor insurance card) shows at a glance in which countries and areas the cover applies.
What do I do if I am asked to pay immediately?
Never just go ahead and pay, but always contact the insurer first. In some countries it is customary for the police to always come to the scene of an accident involving a foreign licence plate. In that case no European accident statement form is filled in and the police report is decisive. They can then impose a fine on the person they consider liable. Paying that fine can amount to an admission of liability. So always consult the insurer first.
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Written by Ronald de Waard, insurance editor. Last updated on 9 November 2026. WA.nl provides general information, not personal advice.