Is an insurer disputing how your collision happened? Ask for the full accident investigation, the data used and a specific explanation of the conclusion. A discrepancy between damage patterns or statements may justify further investigation, but it does not in itself prove that anyone deliberately misled the insurer. The technical reconstruction, liability, medical consequences and any allegation of fraud must each be assessed separately.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
What does an accident investigator examine?
An accident investigation seeks to establish the relevant facts surrounding the collision. Think of the position and movement of the vehicles, the direction of impact, points of contact, the road layout, times and statements. The investigator may use photos, repair data, vehicle information, witnesses and available digital data. The question under investigation determines which information is necessary.
Ask whether the vehicle was actually inspected or whether the report is based solely on photos. Which photos were received, when were they taken and do they show all of the relevant damage? Has earlier damage been distinguished from the damage after the accident? Missing data must remain recognisable as uncertainty and must not quietly be filled in as established fact.
A reconstruction may compare different scenarios. In that case, pay attention to the step from possibility to conclusion. The fact that a scenario is technically possible does not prove that it actually occurred. Conversely, a scenario that is ruled out must be backed by reasoning that can be followed. A summary in the rejection letter must not leave out the nuances of the report.
Which documents should you keep?
Keep the accident report form, original photos, messages around the time of the accident, witness details, repair estimates and correspondence with the insurer. Keep the original files available; the metadata may be relevant to the date and origin. Record any later explanation separately, so it remains clear what was originally recorded and what you added afterwards.
Write down which facts you observed yourself. A driver may, for example, feel the collision without having seen the other vehicle beforehand. A passenger may have been looking in a different direction. Distinguish between observation, memory and what someone else told you later. A precise account of what you do and do not know is more reliable than filling in missing details.
If camera footage may be relevant, find out promptly whether it still exists and how it can be lawfully secured. Availability and retention periods vary. Do not ask for unauthorised access to systems. With vehicle or location data too, the origin and lawful acquisition must be checked.
Assessing conflicting statements
A discrepancy between statements can be important, but its significance depends on the subject. A time that was remembered incorrectly is something different from a fundamental difference about which vehicles were involved. Ask which inconsistency, according to the insurer, affects the claim and why. Was the original question clearly recorded? Has the statement been reproduced in full?
Correct an inaccuracy in writing and explain how it arose. Do not change your account to make it fit a report better. If you no longer remember something, say so. Where an interview record presents words as a verbatim quotation, check whether you recognise that wording and, if necessary, ask for the underlying record.
A later addition is not automatically implausible, but it may raise questions. State what the addition is based on: a photo that has turned up, a diary, a witness or a mistake that has been corrected. The assessment must concern the content and its substantiation, not merely the fact that your explanation became more detailed later on.
The insurer says the damage patterns do not match
Ask which points of contact were compared and how the report takes account of the position and movement of both vehicles. A difference in the height or shape of the damage requires a technical explanation. The vehicle’s specification, load, earlier repairs and missing parts may also be relevant in a specific reconstruction. Have an expert assess which factors genuinely have an effect.
Not every discrepancy found makes a counter-report necessary. Sometimes the original investigator can incorporate a missing piece of data or explain an assumption. Sometimes a genuine technical disagreement remains. In that case, discuss a targeted independent investigation with a clearly defined question and budget.
Do not simply use a repair cost as a measure of the physical consequences of the collision. Vehicle damage, collision forces and medical complaints are different subjects. If the insurer relies on a low change in velocity, our explanation of delta-v analysis in personal injury cases is also relevant.
Digital data and its limitations
A dashcam, vehicle data recorder or other digital file may contain useful information. Ask for the complete relevant recording, the time setting and the way the file was obtained and processed. A selected clip may leave events immediately before or after out of view. A timestamp must match the system used and must not be equated with the actual time without verification.
Not every vehicle has the same data, and not every system stores the information needed to answer the question. Have a technical expert explain what a dataset does and does not record. A missing record does not automatically mean that an event did not take place. Avoid firm conclusions drawn from an incomplete technical source.
With model calculations, ask which input was used, how uncertainties were dealt with and which assumptions determine the outcome. A professionally presented report may still rest on incorrect premises. So test the reasoning behind the result, not just the reputation or job title of the person who wrote the report.
From technical dispute to allegation of fraud
If the insurer claims that information was deliberately incorrect, ask for separate reasons for that allegation. Which statement is incorrect, who made it, what evidence supports this and why is intent assumed? A disputed account of the accident and intentional deception are not automatically the same thing.
Your legal position also depends on your relationship with the insurer. Are you claiming under your own policy, or are you, as an injured third party, claiming against the other party’s motor liability insurer under the Motor Insurance Liability Act (WAM)? The Supreme Court of the Netherlands has ruled that Article 7:941(5) of the Dutch Civil Code (BW) does not apply by analogy in that WAM relationship. That does not rule out other possible consequences of deception. The legal basis of each measure must be examined.
Check whether, in addition to a rejection, the letter also announces a recovery claim, investigation costs or registration. Respond to each decision separately. Only asking for payment of the damage may leave a register measure unaddressed. Also read about fraud investigations in personal injury cases.
A targeted response to the report
For each disputed part, set out the passage, your objection, the supporting documents and the question that still needs to be answered. Ask for a substantive response and, if necessary, for the investigation to be supplemented. State clearly which conclusion you believe is affected by the flaw. A general accusation that the investigator is biased does not replace this substantive reasoning.
Discuss the costs of independent expertise in advance. Different rules may apply to your own insurance and to a liability claim. Commissioning an expert yourself without consultation gives no general guarantee that the insurer will pay. Record the question, the information required and the budget in writing.
If a legal deadline is running, a provisional response may be necessary while documents are still missing. Ask for a reasonable period for a full response, but have it assessed separately which rights need to be protected. Negotiations about the report do not automatically extend a limitation period.
Frequently asked questions
Do I have to cooperate with an accident investigation?
That depends on your legal position, your policy and the request. Respond carefully, provide accurate information and ask for the scope to be defined if a question is unclear or very broad.
Can I request the full report?
Ask for the report and the documents on which the decision is based. Any restrictions must be assessed separately. A summary may not be enough to respond on the substance.
Does an inconsistent damage pattern prove fraud?
Not in itself. The technical significance and any deliberate deception each require their own substantiation. Make clear exactly which inference the insurer is drawing.
Can a passenger remember things differently?
Yes. Vantage point and attention can differ. The significance of a discrepancy must be examined in light of the specific statement and circumstances.
Who pays for a counter-investigation?
That does not follow automatically from your wish to challenge a report. Have the legal basis, necessity, reasonableness and any prior commitment assessed.
Can Arslan handle the claim further?
Arslan can review the rejection and the investigation documents and discuss what assistance is possible. Mention any running deadlines and earlier agreements at the intake.
Discuss your accident investigation report
Contact Arslan Advocaten with the rejection letter, the report and the key accident documents. We will discuss which factual, technical and legal points need to be assessed. The engagement, any use of experts and the costs are agreed in advance.
Sources
Supreme Court of the Netherlands 6 July 2018, ECLI:NL:HR:2018:1103. Code of Conduct for the Processing of Personal Data by Insurers 2024 (Gedragscode Verwerking Persoonsgegevens Verzekeraars). Case law on personal injury proceedings.
This page provides general information and is not legal advice on your own situation. No rights can be derived from its content.
