Has your car been declared a total loss and do you think the payout is too low? Request the full valuation report and first check which valuation scheme applies. Then compare the year of manufacture, trim level, mileage, service history and optional extras with the reference cars that were used. Also challenge an incorrect salvage value and discuss a counter-appraisal before you agree to a final assessment of the loss.
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 22 September 2026.
It feels unfair: your car is gone, yet the amount paid by the insurer is not enough to buy a comparable car. Even so, the price of just any replacement car is not enough to force a higher payout. A good objection shows precisely why the valuation of your own car is wrong.
Technical or economic total loss
A technical total loss means that the car cannot be repaired safely. An economic total loss concerns the ratio between the repair costs and the value of the car before and after the damage. The policy may contain its own method of calculation for this. Ask the loss adjuster for the repair estimate, the value before the accident and the value of the wreck.
Being told your car is a ‘total loss’ is not, in itself, a complete calculation of the loss. Check whether the insurer takes over your car or whether you keep the wreck and sell it yourself. There must be no uncertainty about who is entitled to the proceeds.
Current value, replacement value or purchase value
If you claim under your own motor insurance, the agreed valuation scheme is the starting point. Sometimes a purchase value or new value scheme applies for a certain period. After that, a different basis may apply. The names and conditions differ from product to product.
If you claim against the liable other party, the focus is on compensation for the loss that can legally be attributed to them. That is a different relationship from your own comprehensive (casco) policy. A limitation in your own insurance is not automatically decisive for a claim against the other party. So first determine who is being held liable and on what basis.
An insurance policy generally does not provide an unlimited budget for a newer car with fewer kilometres on the clock. The comparison must reflect the condition of your car immediately before the damage. In ruling 2025-0698 of Kifid, the Dutch Financial Services Complaints Tribunal, a binding valuation was upheld; buying a clearly newer car did not automatically lead to a higher payout.
How to check the valuation report
Go through the basic details one by one: registration number, trim level, engine, transmission, date of first registration and mileage. Then check the relevant options, the state of maintenance, previous damage and any special features. For an electric car, for example, the trim level, the battery pack and the demonstrable condition of the battery may be relevant.
Ask how the loss adjuster calculated the adjustments. If your car has a dealer service history, a complete maintenance file helps more than the bare statement that the car was ‘always in perfect condition’. A recent repair does not necessarily add to the market value euro for euro, but it can show that a deduction for overdue maintenance is wrong.
Also check whether the valuation relates to the correct date. Advertisements from much later may be less convincing if the market has changed in the meantime.
Which advertisements can be used as evidence to the contrary?
Collect several comparable cars and keep the full advertisement with its date. Note the price, mileage, trim level, options, seller and any visible differences. A limited, well-substantiated selection works better than dozens of advertisements for cars that are not comparable.
Asking prices are not the same as actual selling prices. So explain what the advertisements do show: the price range visible in the relevant market and why the reference cars chosen by the loss adjuster may be too low. If your reference car has a lower mileage, point this out yourself and, if necessary, have an expert make an adjustment.
The salvage value can affect the payout
In an economic total loss, the proceeds of the damaged car often play a role. Ask which bids the salvage value is based on, how long they remain valid and on what conditions the buyer will collect the wreck. A high bid that is later not honoured can cause a practical and financial problem.
| Scenario | Value before the damage | Less: salvage value | Insurer’s payout | You also receive | Total |
|---|---|---|---|---|---|
| A. You keep the wreck | €12,000 | − €3,000 | €9,000 | Proceeds from selling the wreck (€3,000 if the bid is honoured) | €12,000 |
| B. The wreck goes to the insurer | €12,000 | – | €12,000 | Nothing; the insurer sells the wreck itself | €12,000 |
| C. You keep the wreck, but the bid is not honoured | €12,000 | − €3,000 | €9,000 | Actual proceeds, for example €1,200 | €10,200 (you bear the difference) |
Counter-appraisal and binding valuation
Ask whether your policy provides for a counter-appraiser and possibly a third expert. Have it explained in advance how these people are appointed, which question they will answer and whether the outcome is binding. As for the costs: Article 7:959(1) of the Dutch Civil Code (BW) provides that the reasonable costs of determining the loss are borne by the insurer, even if, together with the compensation, this means the sum insured is exceeded. The costs of a counter-appraisal in principle fall under this, provided they are reasonable. In private non-life insurance, the policy may not limit this statutory right in advance to a fixed maximum amount or to the fee of the insurer’s own loss adjuster. Both the work and the costs must, however, be reasonable. An investigation into whether there is cover at all requires a separate assessment. Paragraph 2 contains one limitation: if the value of the undamaged property was not fully insured, the same proportional reduction applies as in the case of underinsurance. So before the appointment, ask for written confirmation of how your insurer will reimburse these costs.
A binding valuation cannot easily be redone later simply because you find the amount disappointing. Serious flaws in its content or in the way it came about may be relevant, but an ordinary difference of opinion is not enough. So discuss your specific objections before you sign a deed of appointment or an assessment of the loss. Also read about conflicting expert reports.
Replacement transport and other items of loss
Ask separately about recovery, storage costs, a hire car and any accessories. A comprehensive policy may contain restrictions on replacement transport in the event of a total loss. When claiming against a liable other party, the necessity, duration, reasonableness and connection with the accident must also be considered.
Keep the costs under control and record agreements in writing. A long-running hire without consultation can lead to a new dispute. If there is a disagreement about the car itself, ask whether the undisputed part can be paid in the meantime without a full and final discharge.
Your objection in five parts
- 1. The applicable valuation scheme. State what your policy schedule says (current value, replacement value, purchase value scheme or new value scheme) and whether the insurer applied the correct scheme. This is where things most often go wrong.
- 2. Errors in the vehicle details. Year of manufacture, trim level, mileage, service history, options, number of previous owners, damage history. A single wrong trim level can easily make a difference of hundreds of euros.
- 3. The unsuitable reference cars. For each reference car in the report, state why it is not comparable: a different engine, higher mileage, no service book, a different region or date of sale.
- 4. Your own evidence. Three to five current advertisements for genuinely comparable cars, with date and link, the maintenance invoices, the purchase invoice and photos of the car’s condition before the damage.
- 5. The next step you want. Ask specifically for a corrected valuation, or for the appraisal procedure in the policy to be applied, and for payment of the undisputed part without a full and final discharge.
Make clear at the start of your letter exactly what you are disputing: the cover, the valuation, or only a deduction such as the salvage value. That determines which route the insurer has to follow.
Example: objection to the assessed current value
Re: objection to the assessment of the loss dated [date], claim number [number], policy number [number], registration number [registration].
I dispute only the assessed value of my vehicle; there is no dispute about the cover or the classification as a total loss. I ask you to pay the undisputed part of €[amount] now, without a full and final discharge.
1. Valuation scheme. According to my policy schedule, [current value / replacement value / the purchase value scheme for the first … months] applies. The report is based on [scheme]. That [is/is not] the correct basis, because [reason].
2. Incorrect vehicle details. The report states [for example: Comfort trim, 142,000 km, no service history]. The correct details are: [Executive trim, 118,000 km, fully serviced by the brand dealer]. As evidence I enclose: [registration certificate, maintenance invoices, RDW odometer report].
3. Unsuitable reference cars. The reference cars used are not comparable: [car 1 has a different engine; car 2 has 40,000 km more; car 3 dates from … months ago].
4. My own substantiation. Enclosed are [number] current advertisements for comparable vehicles, with date and source. The average asking price is €[amount].
5. My request. I ask you to reassess the value at €[amount], or alternatively to apply the appraisal procedure in [article] of the policy conditions and appoint a counter-appraiser. Please also confirm in writing how you will reimburse the costs of that counter-appraisal, having regard in part to Article 7:959(1) of the Dutch Civil Code.
I ask you to respond in writing within [period].
Do not sign a deed of appointment or an assessment of the loss before this objection has been dealt with: a binding valuation is difficult to overturn afterwards. Keep proof of sending and note the three-year limitation period under Article 7:942 of the Dutch Civil Code.
Keep proof of sending and check the relevant time limits. A complaint to Kifid is subject to its own admissibility rules. If the claim is solely against the insurer of another motorist, access to Kifid is not a given.
Frequently asked questions about total loss and current value
Will I always get the purchase price back?
No. Under your own insurance, that depends on a valid purchase value scheme and its conditions. Without such a scheme, the loss must be assessed on another applicable basis.
Can I keep my damaged car?
That depends on the claims settlement, the policy and safety requirements. Record which salvage value will be offset and which formalities are required. Do not rely solely on a verbal promise.
Is a price guide decisive?
A price guide can be a useful tool, but it must fit the vehicle and the valuation basis. Specific differences in trim level, condition or market may give reason for further investigation.
Do new tyres and a new timing belt count?
They can support the state of maintenance. The invoice does not automatically increase the value by the same amount. Ask for an explanation of how normal maintenance and special improvements have been taken into account.
Can I object after I have received money?
That depends on what was agreed when the payment was made. An advance payment is different from a final settlement with a full and final discharge. Have the accompanying correspondence assessed before you draw any conclusions.
Do I need a lawyer for every difference in valuation?
No. A specific objection to the valuation or a counter-appraisal may be enough. Legal assistance can become worthwhile in the case of a binding valuation, an incorrect interpretation of the policy or a financially significant dispute.
Have the valuation and settlement checked
When you send a contact request to Arslan Advocaten, include the valuation report, the policy schedule and your comparison material via the agreed secure route. If your car was stolen, also read car stolen and the insurer refuses to pay.
Legally reviewed by Onur Arslan, attorney at Arslan Advocaten. Reviewed on 13 September 2026.
