What to do in case of car damage caused by neighbors?

Questioner

Our neighbors accidentally scratched our car. They came to tell us and we made an insurance issue out of it. The damage was over €1000,-. The liability insurance of the neighbours would cover the damage. Because we have a comprehensive car insurance, we had to fill out a damage form that is used in case of damage to the car after an accident. This was sent to our own car insurance. We could have the damage repaired. The car body repair company could recover the amount from our insurance minus our deductible. We had to pay that up front. Our car insurance would pay the deductible to us. Our car insurer would then recover the damage from the liability insurance of the neighbours. That would have solved the matter, if it weren't for the fact that our neighbours have a deductible of €150. Our neighbours' liability insurance deducted this €150 from our damage amount, arguing that we would get the €150 if the neighbours had transferred it to the insurance. The insurer takes no initiative in this. No invoice is sent for the deductible to the neighbours. Our insurance now states that we have to approach the neighbours ourselves. We don't want this because we have a good relationship and don't want any arguments in the neighbourhood. In short, we lose €150 while the liability insurance should cover this and they do not want to do the administration to collect the deductible. What should we do now to get our money without approaching the neighbors?

Lawyer

It is annoying for you but the liability insurer does not have to pay the €150. They only have to pay what is included in the insurance conditions and apparently it states that the neighbors themselves have to pay €150. So you will have to ask the neighbors to pay that amount directly to you or to their insurance.