Is a claim for damages justified?
Questioner
On May 14th I had a ''mini'' collision of approximately 5 km max 10 km per hour at the traffic light. As a result, my car skidded and hit the back of another car. I have no damage to the car, the other party has material damage of €50. Now the other party has filed a personal injury claim for which an amount of €1,390 has been awarded. Is this allowed? If the material damage is only €50, it does not make sense that the other party has received a ''hard blow'' that allows them to receive so much money? The result for me now is that I either pay back the total amount of €1,440 (damage claim + material costs) in order not to lose my No-claim discount + claim-free years or pay an additional 25 euros premium and drop my claim-free years to -1. I do not want to agree to either case because I do not think this is fair. I would like to hear your thoughts on this. Thank you in advance. Yours sincerely,Lawyer
A party can ask for anything, often the asking price is very/unrealistically high. But the name personal injury actually says it all, there must be injury. Otherwise compensation is not appropriate. Without substantiation, such an amount is not realistic. Have you received information? My advice is to at least ask for substantiation (if there is none). You do not have to agree to such a proposal. In such cases it is often wise to seek legal assistance. Personal injury cases can be handled by a lawyer and in general a lawyer is cheaper than a lawyer. In the event that you wish to take further steps yourself, it is wise to indicate, based on any substantiation, that the amount is unrealistic or very high. And that you do wish to compensate for the material damage. Please feel free to contact me if you require legal assistance.Neem de volgende stap
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