Will I be compensated for damage to my car if the at-fault party is unknown?
Any kind ofcar damageis a hassle. Of course, it’s important to have goodcar insurance. Damage always comes with a cost. It reduces the value of your car, and having it repaired professionally is often a significant expense.
It's even more frustrating when thedamage was caused by someone elsewhoseidentityisunknown. After all, you can't send the bill to the person responsible.
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Help from our experts.
Always file a police report, even if there is no suspect involved!
Take photos and/or videos of the situation right away. Clearly document the damage as well as the surrounding area. Among other things, investigators will later determine whether, for example, the car was parked properly and whether you could have done anything to prevent the damage. The images can later serve as evidence and help the police file a report. It is very important that you report the damage to the police.
Sometimes there are security cameras at the scene of the accident. The police can then review any footage that might lead to the perpetrator. It’s also important that the damage be documented in a police report. This is necessary for your insurance. Sometimes witnesses don’t come forward until much later. In that case, it’s helpful if the damage has already been documented by the police, even without the perpetrator identified. The police can accurately record the situation in the report. Filing a police report is essential not only to hold the at-fault party accountable but also to have a chance of receiving compensation from your insurer or another agency.
Who can I file a claim with if the person responsible is unknown?
In some cases, you can file a claim with your own insurer. To be on the safe side, always check with your insurer or insurance agent. In the Netherlands, there is a government agency that handles cases of damage where the at-fault party is unknown. TheGuarantee Fundis responsible for this.
You can file aclaim for compensationwith the Guarantee Fund. Whether you can turn to your insurer, the Guarantee Fund, or—in the worst-case scenario—neither of them depends entirely on the situation and the type of insurance.
When will my insurance cover the damage to my car if there is no at-fault party?
If you havecomprehensive insurance, the damage will most likely be covered by your own insurance. Depending on your policy and coverage, you may have to pay for part of the damage yourself. This is the“deductible,”the amount of which varies by policy. So even in cases of damage without a responsible party, be sure to contact your insurer or insurance agent. Damage without a responsible party does not always mean you have to cover the costs yourself.
Whenpurchasing insurance,consider which typeofcoverage best suits your car and your situation. For cars less than six years old, comprehensive insurance is often the best option. Ask your insurance agent or insurer for advice if you’re unsure.
When am I eligible to claim benefits from the Guarantee Fund?
If the damage is not covered by your own insurance because there is no at-fault party, you can file a claim with the Guarantee Fund. Your claim must, however, meet certain criteria. For example, the damage must have been caused by another motor vehicle or a trailer attached to it. It must also be clear that an unknown party—and not you—can be held responsible.
You must make an effort—or have made an effort—to find the perpetrator within 14 days. That is why filing a police report is important. A supplementary neighborhood investigation or a newspaper ad also demonstrate that you have made an effort to determine the perpetrator’s identity. If the damage was not caused by another vehicle (or trailer), you cannot make a claim with the Guarantee Fund.
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