Incapacitated for work due to a whiplash after a rear-end collision, what now?
Imagine as an entrepreneur, you are standing in a traffic jam or waiting at the traffic light with your car and then someone is driving against your car at high speed. The consequence of this rear-end collision (Dutch: kop staart botsing) is not only damage to your car, but also neck complaints, causing you limitations not enabling you to work. The question then is, what now?
What is whiplash?
Neck complaints after a traffic accident are common. Sometimes these are temporary complaints that have dissapeared after a few days or weeks. But unfortunately it also happens regularly that the neck complaints persist. There is then neck pain and a movement restriction. We then speak of a whiplash. Do the complaints still persist after 2 years? Then there is a chronic whiplash.
Whiplash is described in the literature as an effect on the neck in which the neck is thrown forward at high speed and then back again. This can cause such injury that serious neck complaints can occur. In addition to neck complaints, the following complaints occur with whiplash:
- Concentration problems
- Memory problems
- Shoulder complaints
Incapacitated for work due to whiplash
Are you incapacitated for work as a result of the whiplash? Then you will suffer damage. Damage as a result of injuries after a traffic accident is called personal injury. This damage consists of material damage and compensation. This last item of damage is a compensation for the pain and grief you suffer from the rear-end collision, but also for psychological complaints after the traffic accident.
Fortunately, you can get compensation for your personal injury due to disability if someone else caused the car accident. The personal injury insurer of the liable party then pays for your personal injury.
Was it a unilateral accident or did you cause the accident yourself? In that case, the damage is in principle for your own account. However, this is different if you were not the driver but a passenger in the car. In that case you can hold the driver's personal injury insurance policy liable.
Passenger damage insurance
More and more people have passenger damage insurance in addition to liability insurance. On the basis of this insurance, there is always a right to compensation for personal injury, for the driver, but also for the passengers in the car. A damage passenger insurance (SVI insurance) is therefore an important insurance to get.
Incapacity for work as a self-employed person
If you have been in a traffic accident and you sustain whiplash, then under Dutch law you are entitled to continued payment of your salary. In the first year, 100% of your salary will be paid and in the second year 70%. From the second year onwards you will therefore suffer personal injury due to your incapacity for work! The liability insurance of the liable party must pay for this damage.
If you, as an entrepreneur, become incapacitated for work due to a rear-end collision, you will immediately no longer generate any turnover and you will not make a profit. You will then no longer have any income at all, unless you have an occupational disability insurance policy.
As a company, you suffer a lot of damage after a car accident with whiplash. It is therefore important that you hold the liable party liable or that you can make a claim under your disability insurance.