Legal Assistance for Car Damage: Get Free Advice


Questioner

I returned from a 5 week holiday on June 1st and found my car (make x) badly damaged on June 2nd. Damage: large and very deep scratch, 15 cm long, consisting of multiple scratches, 1 cm wide, paint completely gone. On the left side, next to the driver's door, at a height of 74 cm. My car was parked on Lombokstraat, near Timorstraat. To the left of my car, parking was not possible, the parking space ends there, there is a tree and then there is an immediate bend to Timorstraat. XX Bouwgroep started renovating the entire street in that same street before my vacation. This street is very narrow. I think there is a very good chance that they are responsible for this damage, but of course I cannot prove it. However, I have taken photos of the construction situation with the parked cars, stacked pallets right next to it, etc. Any trained eye can see that this scratch was not caused by a simple passer-by, another car or anything else. I walked into the company in question and filed my complaint. As long as I do not have a witness, I have no leg to stand on. And no employee of theirs has come forward to say that he caused the damage. In addition, there happened to be a laminated card from purchasing dealer Autobedrijf X (06 xxxxxxxx). When I called him, he said that he had not caused the damage, but had seen the scratch and therefore thought that I wanted to sell my car. Perhaps information that is not relevant? But I still want it reported. I immediately reported it to the police. However, they say that they have too few leads to track down (a) suspect(s). But they also have not seen a photo or assessed the situation on the spot. My question is, can someone assess the situation on the spot, look at my scratch, look at my photos and tell me if I have a good story to press charges? Even though I have no witness and no exact date of the incident? It would be ridiculous if I, as an innocent citizen, had to pay for these costs in a construction situation that in itself shows that they are responsible.

Lawyer

What an annoying situation. You must first report the damage to your insurer (for casco and all-risk insurance). A damage expert will then be called in to determine the damage, cause, etc. If the person causing the damage is unknown, the insurer will submit the claim to the Motor Traffic Guarantee Fund after assessment. You do not need to take any further action for this. If you are unable to find a solution or need further assistance, you can contact me directly and free of charge.

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