Mandatory payment of full repair costs?
Questioner
I knocked over someone's water bottle during a lecture. It landed on her iPad and caused a crack. My liability insurance paid out the current value of 375 euros. But the owner of the iPad has already had it replaced for 818 euros. Now she expects me to pay the difference out of my own pocket. Am I obliged to do this?Lawyer
Under Dutch law, if you cause damage to someone else's property, you are in principle responsible for compensating this damage. In this case, the damage is compensated by your liability insurance. However, it may be that the insurance only reimburses the current value of the damaged property, not the new price. The current value is the amount that the damaged property was worth at the time of the damage. This can sometimes be considerably lower than the new price. It is important to check what exactly is stated in the policy conditions of your liability insurance. According to Dutch law, you do not have to pay more than the amount for which you are insured, unless there is intent or gross negligence on your part. If the owner of the iPad wishes to recover the difference in costs, they could do so formally through legal proceedings. However, in many cases this is a costly and time-consuming process, which is why people often choose not to do so. In such a case, it may be useful to consult a lawyer or attorney for specific advice on your situation. However, based on the information you have provided, it is not self-evident that you would be required to pay the difference. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.Take the next step
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