Accidentally damaged colleague's car

Questioner

A colleague was driving the bus of the company where she works to a job and she asked me to drive behind her in her car. Then I drive damage and that is 1100 euros. I find this annoying and have offered her to compensate 500 euros but she does not agree with this. She wants to be compensated for the entire amount. What is my right and or obligation in this?

Lawyer

Normally, you are obliged to compensate for damage caused by you if this is reasonable and fair and the damage can be attributed to you. Based on the current information, it is not possible for me to give a clear answer. For example, I do not know how you caused the damage, whether the damage is entirely attributable to you and how the amount of 1100 euros was determined. Depending on the insurance your colleague has for the car, the damage can be claimed under your colleague's insurance. If the conditions are met, the insurance will cover the damage. However, the claim-free years will be lost. My advice would be to discuss this option with your colleague, whereby you could still pay a certain amount if your colleague loses claim-free years. You can contact me without obligation to see if I can assist you in this matter if you cannot reach an agreement with your colleague.

Questioner

Good day, Thank you very much for your message. Normally I would agree with you; I borrow a car from someone because I need that car myself. In this case it is a different situation; the car in question was taken to work (we work for a gardener) because my colleague had to leave in between, so I could take the company bus and she could leave in her own car. The incident happened when we were driving to the next customer, I overlooked a low fence. Unfortunately, the car in question only has WA+ So actually two reasons why the (entire) amount does not have to be for my account; Firstly, it happened during working hours (my employer is also investigating whether it can be recovered from the employer) and secondly, I didn't ask to ride in the car. I am also working with other damage repairers, so of course I hope for all parties that a more advantageous option will come out of it. I would like to hear from you, Robbert Hoekwater

Lawyer

Thanks for the further explanation, that does indeed change the situation. I gather from your story that you can also drive the bus and that your colleague asked you to drive the car to the location for her. Is there a reason that your colleague did not drive to the work location in her own car? You provided a service to your colleague during working hours and unexpectedly damage occurred. This could result in a legal assessment finding that it is not reasonable and fair to attribute the full damage to you. You did not use the car for yourself. You did this at the request of your colleague, for your colleague. You did this during working hours. In that case, I think your offer is certainly reasonable and it is not a given that you would have to pay the full amount (if the option through the employer and another repairer is not the solution).

Questioner

Thank you for your response. The reason my colleague did not drive to work in her own car is because she has a Be driving license and I do not. Therefore, it is of course best that I drive with the trailer as little as possible or not at all. It would be great if something could be arranged through the employer.