Assistance with legal questions after a collision

Questioner

Half a year ago I was involved in a collision. I was riding a cargo bike behind a car that abruptly made an emergency stop because a cyclist appeared from behind one that was standing still in the oncoming lane. I myself did not have much speed and sufficient distance to the car, but nevertheless I hit the bumper of the car just before I came to a standstill; minimally. The other cyclist rode on. I was shocked and later an officer was called who gave us damage forms (but had not seen anything by the way). At his request, data was exchanged so that contact could be made with each other's insurer. I took photos of both the back of the car and the cargo bike. The photos clearly show that the car already had old damage over the entire back/bumper: paint damage in various places (also on the sides), a dent in the bumper with an uneven shape - as if the car had hit a tow bar - that damage continues at the bottom and also has rust spots, a crack next to the license plate. The cargo bike has no damage; the front wheel is straight as an arrow (which can also be seen in the photo). Because the other party did not contact me anymore and I did not cause any damage, I assumed that it would stop there. However, more than three months later I received a call from the other party's legal assistance, telling me that the damage amounted to more than €900 and that I was being held liable for it. I explained that I had not caused any damage, that I had almost come to a standstill (the other party's claim form indicated 10 km per hour) and that I myself had not suffered any damage. I asked them to send me an email with all the information. I received a copy of the claim form, in which the license plate was not filled in. I had it visible on my photos: it concerns a very old car of more than 10 years that is not yet worth the claimed amount. All in all, I have always emailed that I could not have caused that damage. Always sending the photos. I also found it strange that a specific amount was already mentioned during the first phone call. That amount later came back in a damage report that was only drawn up later by an expert. That expert reported that it cannot be determined with certainty whether there was already old damage. After I indicated that I would not pay this because I was not the cause (again I sent my photos), the value was adjusted by the expert to over €500. All in all, I responded again that I did not cause the damage and therefore will not pay, after which a bailiff is now being threatened. Unfortunately, my liability insurance did not provide cover on the day of the accident, which is why I am now responsible for the settlement myself. Incidentally, the car did not belong to the person who drove it, nor does the cargo bike belong to me. To my surprise, the last email also states that a report has been drawn up. I was never informed of this, the agent never mentioned it and said that the insurers would resolve it and that he himself was not involved. I never signed anything either, but he did ask for and see my identity card. I am going to request the report. Of course I don't want to pay for damages that are wrongly claimed, but I wonder what I can do now. Of course I don't want to wait for extra costs for a bailiff. It is so unfair and I would really find it scandalous if the other party gets away with this. Advice is welcome, thank you in advance!

Lawyer

If you indicate that you did not cause the existing damage to the car, and you have provided sufficient evidence of this, the other party (insurer) must prove the opposite. You can also consider hiring an independent expert and agree that the amount of the damage and the expert costs will not be paid by you if you are proven right. It has now become more of a question of evidence. I also advise you to dispute the police report, as it was drawn up without your statement or knowledge.

Questioner

Thank you very much for the quick reply! I will indeed propose to call in an independent expert and I have requested the report. I will also file a complaint with the insurer about the course of events. This way it is clear that the client lied about the damage that I allegedly caused (because the damage report is suddenly adjusted, and the costs of various repairs are reduced). The contact person also reports inaccuracies regarding the report that was drawn up by the damage expert. I also find it very strange that I receive an email with the message to transfer an x ​​amount, but that no official payment request with a deadline is sent. While there is a threat to call in a bailiff. To be continued..