Legal Assistance with Compensation

Questioner

Good afternoon, 31-05-2018 our daughter's car suffered considerable damage due to the error of a truck driver. Unfortunately she had foolishly not taken out legal expenses insurance and the car insurance with which our daughter is insured has it handled by 112 schade.nl due to the lack of legal expenses insurance and they do their utmost but have no far-reaching authority with regard to the other party, hence my question to you. Our daughter was not driving faster than 15 kilometers on her side of the road. The truck was parked on the left and the driver came from behind parked cars on the right (i.e. on the other side of his truck) on his way to his truck, which was driving his pallet truck onto the road without looking. This pallet truck was in such a high position that he hit the A-pillar and the windshield of our daughter with a huge bang with the points of the pallet truck, causing considerable damage there, and with the pallet truck itself caused damage to the passenger side, causing the decorative sill to come off, among other things. Both parties then filled out a damage form and our daughter reported to her insurance company that there was also a witness to the collision who was prepared to testify and whose details were known. On behalf of her insurance company, our daughter took her car to a damage expert. He declared the car a total loss and calculated the damage at 1800 euros. From that moment on, the insurance company of the other party only delayed the settlement. There is doubt whether the damage to the passenger side is related to the collision, or whether our daughter was not driving too fast or, and we thought that was a very nice one, why it happened to our daughter and not to other road users. Now my daughter initially received an offer from the insurance company of the other party to compensate 75% of the damage and my daughter objected to that. Then she received a message from 112schade.nl on 13-09-2018 that they had received part of the damage amount, namely €640.89, from the other party and deposited it into our daughter's account. They have sent an objection for the remaining part, as reported by 112schade.nl. Since she cannot afford a new car every minute and it is clearly not her fault, which can be substantiated by the witness, I would like to make use of your expertise to clarify for us what we could do ourselves. Thank you in advance.

Lawyer

If your daughter does not get any further in this way, she should consider hiring a lawyer. She may be eligible for subsidized legal aid, so that the costs remain somewhat within limits. More information about this can be found at www.rechtsbijstand.nl.

Lawyer

If guilt is acknowledged, then one is obliged to proceed to payment of the full damages. The witness, in this case, can contribute to the fact that the speeding was not done. Any further investigation can also confirm this. If it suits you, I can look at the file.

Lawyer

Now that the damage is more or less partially disputed, your daughter will have to prove the circumstances in order to receive full compensation. This can be done by means of witnesses or, for example, camera images. The fact is that she must initiate proceedings against the insurer. Experience shows that insurers force liability and thus the payment. If your daughter wants help, she can contact me directly.