Assistance with car damage and insurance claims
Questioner
I had a little car accident in January. When taking an exit from the highway, despite the extremely low speed I was driving (there was a chance of slippery conditions), I overshot and hit a sign. The roads were otherwise perfectly passable, however, on this exit there was a small piece of ice of about 5 meters long. According to a damage expert, it is plausible based on the light damage to my car, that my speed could not have been much higher than 10 km/h (recommended 60, but theoretically 130 is allowed). I reported the accident to the police and the insurance company immediately after the accident. The next day I was called by someone from Rijkswaterstaat to exchange information. He was able to tell me that the cost of such a sign was not that high, but that the processing could take years. My insurance told me that I had to wait until a possible claim came in. More than 2 months later, a claim finally came in and the insurance company accused me of not reporting the accident. It's now been more than half a year and after asking about the status several times, I haven't received any answers. Now I get a message from the insurance company that I'm dropping back in claim-free years and therefore the premium is going up, while the claim has not yet been processed and the amount of the damage is still unknown. The insurance company states that Rijkswaterstaat will eventually make a claim and that this calculation is therefore being implemented. Is that allowed? Furthermore, I believe that it is not my fault. Nor the fault of Rijkswaterstaat. I cannot prove whether or not they gritted the road on site, but I can certainly see that gritting does not always ensure an ice-free road. In my opinion, I have sufficiently taken into account the fact that it could possibly be slippery, as evidenced by the speed at which I took the exit and the very minor damage to my car. Furthermore, I find it strange that something like this should take so long. A week after the accident, the traffic sign in question had already been put back up (not even replaced). An additional problem is that due to my Psoriatic Arthritis (a condition that takes on extreme forms under tension and/or stress), I have not been able to work all that time and therefore have no income due to a zero-hour contract. This has nothing to do with the accident itself, but purely with the fact that it is taking so long and I am not getting any answers or clarity. And this in combination with my autism is only making me sicker and sicker, which in turn entails enormous costs. I feel like I am being punished terribly for something of which it is not even known whether or not I will be held liable (Rijkswaterstaat still had to investigate this and it could take years...) As of July 1st, the new premium for the insurance will be in effect and is so high that I am unable to pay it. I would like to go to another insurance because it is much cheaper, however, this is a problem because of the ongoing claim. I'm at my wits end....Lawyer
What an annoying situation. Some insurers stipulate in their policy conditions that premiums are increased for unsettled claims, which is allowed. They do this to prevent policyholders from suddenly having to pay more premium afterwards if the claim is unjustified. Only when the claim has been settled in your favor will you get your premium back or will it be settled. Depending on the policy conditions, you can cancel and switch to another insurer, in which case you will still be entitled to a premium refund if the claim is in your favor. For further legal assistance, you can contact me directly and free of charge.Take the next step
Don't keep questions about your situation to yourself. Ask your question and get a personal answer from an experienced lawyer.
Privacy is guaranteed .
