Is the insurer disputing your car damage because it claims some of the damage is old, or do you think its total loss offer is too low? Ask which damage it attributes to which event and how the compensation was calculated. A technical disagreement about the damage is not automatically an allegation of fraud.
Nederlands: Lees dit artikel in het Nederlands: Autoschade: discussie over oude schade, reparatie of total loss
Türkçe: Bu makaleyi Türkçe okuyun: Araç hasarı: eski hasar, onarım veya pert konusunda anlaşmazlık
Written by Onur Arslan, attorney at Arslan Advocaten. Onur Arslan practised for many years as a corporate lawyer and insolvency trustee (curator) and has extensive experience in financial law disputes. Do you have questions about your own situation? Get in touch.
Distinguishing new damage from existing damage
Photographs taken before and immediately after the accident can help identify old damage. Service records, earlier assessments and repair invoices are also relevant. Ask the loss adjuster which features he bases the age of the damage on, such as dirt, corrosion, deformation or a different direction of impact.
A vehicle can have both old and new damage. That does not mean the new damage falls entirely outside the cover. The question is which repairs are needed because of the insured event, and what account must be taken of any betterment or existing damage.
Repair costs and repair method
Disagreement may arise over replacement or repair, used parts, labour hours and the choice of repairer. Check what the policy says about approved repairers and the excess. If you are claiming from a liable third party, the law on damages also comes into play.
Ask for an itemised estimate and compare it with a properly substantiated repair quote. Make sure sufficient evidence is recorded before any irreversible repairs are carried out. Necessary measures to limit further damage may, however, be required immediately.
Economic and technical total loss
Economic total loss concerns the ratio between the repair costs and the relevant value and salvage value. Technical total loss concerns whether the vehicle can be repaired safely and responsibly. The policy may contain a purchase value or new-for-old scheme with its own conditions.
Check the assumed model and trim, mileage, service history, options and market data. An incorrect vehicle variant can affect the valuation. Also ask how the salvage value was arrived at and what happens if you keep the wreck.
If fraud is alleged
Deliberately presenting old damage as new damage is a different allegation from a difference of opinion about the technical cause. Ask the insurer which incorrect statement it alleges and what intent it attributes to you. Rejection of the claim, recovery of payments, investigation costs and registration must each be justified separately.
A first-party vehicle damage policy and a claim against the other party’s insurer are based on different legal principles. Have that legal basis established first before accepting any conclusion that you have lost your entire right to payment.
Counter-assessment and costs
A targeted counter-assessment can help with damage compatibility and valuation. For the reasonable costs of assessing damage under your own property insurance, ECLI:NL:HR:2022:81 is among the relevant rulings. The instruction and the costs must be proportionate to the specific dispute.
Frequently asked questions
Does old damage mean I get nothing?
Not automatically. The new damage and the relevant repair costs must be assessed separately.
Can I have the car repaired straight away?
Record the damage carefully first and, where possible, coordinate any inspection. Otherwise important evidence may be lost.
Can I dispute a total loss offer?
Yes, with specific objections to the value, the model and trim, the condition or the salvage value.
What does Arslan need?
Your policy, claim form, photographs, the loss adjuster’s report, repair quotes and the calculation behind the offer.
Read more about investigations into how an accident happened and compensation that is too low.
Have your car damage rejection or total loss calculation reviewed.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
