Liability for Damage: Your Rights

Questioner

a few months ago i was parked in a parking lot. when i was reversing a woman suddenly came up behind me and said that i had hit her car on the bumper. i didn't feel anything and i am sure that i didn't do it. i had to send photos of my car to the insurance company, on those photos no damage can be seen. yet my insurance company thought that there was indeed damage. after many calls and emails they finally admit that there is no damage, but they still find me liable because the lady has a witness who was sitting next to her in the car. i don't think this is a legitimate witness because that person is friends with the driver. i myself also had a witness who was standing a bit further away. according to the insurance company this witness is not credible because she couldn't have seen everything from a distance. I now have to pay 300 euros, they can't make me pay without proof. am i in the right here? Kind regards

Lawyer

Reversing is a special manoeuvre where you have to give way to all traffic. You have to compensate for the damage, but if there is no damage then there is nothing to compensate. As you describe it, this is a question of evidence with witnesses. Your witness is also credible if a statement is submitted. I advise you to let the insurer know that you will not pay without convincing evidence.

Questioner

The lady has a scratch on the car, but there is nothing to see on my car. I have already indicated several times that I will not pay, but they keep telling me that I have to pay

Lawyer

as indicated, it is a question of evidence. You can therefore ask for sufficient evidence.