Legal Assistance with Damage Claims | Legal Aid Clinic

Questioner

Hello Sir/Madam, We are held liable for damages by our car insurance for an amount of approximately 600 euros, to be paid on the basis of the 50/50 arrangement. Our daughter was driving our car, had already pulled out of her parking space and then wanted to pull out of the parking space (and I think it was still standing still) drive on. Another car reverses out of another parking space and doesn't see our daughter and taps our car. This lady comes out of the car upset and apologizes to my daughter, Sorry I didn't see you and it's my fault. Damage is not too bad, but the gentleman overrules his wife and wants to fill out a damage form right away, which is of course the right thing to do. Our daughter calls us in tears and tells us upset what's going on. My husband went there and helped to fill out the forms. Now the insurance company says that this is a 50/50 percent arrangement and that we have to pay this amount, but... our daughter is not at fault for this at all, and my husband also loses claim-free years and has to pay more premium. Do we have to pay this amount? We are not at fault for this at all, but we cannot prove anything. Yours sincerely

Lawyer

Much depends in this case on the statements made by those involved. The damage form contains checkboxes next to the details of both parties, in which, for example, it can be indicated which party was stationary. If these boxes are checked and the form is signed, then this is considered a statement by both parties immediately after the accident. Then, both parties separately, are asked for a number of details on the back of the form. The case is assessed on the basis of both forms, usually by a claims handler from the insurance company. In the case of a damage amount such as yours, it is also worth considering taking the damage on your own account, because the no-claims fallback is often even less favourable. If necessary, seek advice from an intermediary or the company. If you do not agree with the way things are going, would you like a third party to look at the case again? Then collect all the documents and contact me or one of my colleagues.

Questioner

HELLO, Thank you for your quick response. I fully understand that a decision is made on the basis of the forms. The fact remains that our daughter was not to blame for this, the papers also state that our car was damaged on the side and our daughter was therefore already in an upright position and was driving away. This lady admitted her guilt on the spot. And yet...we now have to pay damages to these people based on this 50/50 arrangement that is claimed by their insurance. We are absolutely not to blame for this. And we do not want to pay for it. We have done nothing wrong! I just don't know how we are supposed to do this, our insurance says that we simply have to pay because it is legally stipulated, but it remains ridiculous that we have to pay for their damage while we are not to blame. What are we actually doing as a constitutional state in this way. We don't have the money either. I don't know how we're going to pay for this. Lose your no-claims bonus and receive a higher premium for 10 years. We ourselves had little damage and therefore did not claim anything. But now we wonder if it might be better to claim so that the other party also has to pay us some compensation.

Lawyer

You're welcome. As indicated, it is important to have all the items at hand when considering the matter in more detail, including the damage picture as you yourself indicate. This site is intended to provide general information that could also be of interest to others, and is not intended for specific individual assistance. If you would like assistance, please contact me or one of my colleagues by clicking on one of our names.