Can liability insurance change after the file has been processed?

Questioner

On June 1, 2023, I was involved in a minor traffic accident with fortunately only material damage. The situation was that I wanted to turn left at a level intersection. A vehicle coming from the left did not stop and drove on while I was already turning left. The result was a collision. The claim forms were completed and sent to the insurance company. Unfortunately, my car was declared a total loss. The settlement was settled in my favor: the other party was declared guilty of the accident. Unfortunately, I only received a small compensation for the current value of the 25-year-old vehicle. Now, more than half a year later, I receive a message from my insurance company that the other party's insurance company still wants to place the liability with me. No idea why, because the blame seems pretty clear to me. My insurance company has also informed me that, after re-examining the documents, they do not accept liability in any case. They will keep me informed of the further course of the procedure. My question is whether it is possible that the liability is still placed on me while the file has actually already been dealt with? And also in a situation where it was clear from the start who was to blame?

Lawyer

After the assessment and handling of a claim by an insurer, it is not usual for the established liability to change. However, situations may arise in which new information or evidence leads to a reconsideration of liability. These circumstances are, however, exceptional. In your specific situation, as you described, liability has already been determined and settled in your favor. I recommend that you contact your insurer to get more information about the reason for these new developments. It is also wise to request documentation regarding the original liability determination to understand the facts and circumstances upon which this was made. Your insurer should be able to assist you in this process and keep you informed of any developments. It may also be wise to seek legal advice regarding your specific situation. If there were new, compelling information that led to the conclusion that liability was incorrectly established, it could be possible that liability would change. However, as stated earlier, such cases are relatively rare. Usually, a settled claim does not lead to a later dispute or change in liability. Filing an appeal against a decision after the case has been closed will also need to be supported by convincing evidence that an error was made in the original decision. The fact that your insurance company does not accept liability based on the information available suggests that there may be a dispute over liability. In such a situation, it is often wise to seek legal advice. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.