How do I proceed if my insurance denies my claims for damages?
July 25, 2023 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
my name is Uwe Schulz and I have a question regarding my current situation with my insurance. Recently, I was involved in a traffic accident in which my car was significantly damaged. Fortunately, no one was injured, but my vehicle is no longer drivable and needs to be repaired. Since I have comprehensive insurance, I initially thought that my insurance would cover the repair costs.
However, my claim for damages was denied by my insurance company, on the grounds that I caused the accident grossly negligently. However, I believe this is not correct, as I followed all traffic rules and the accident was caused by the other driver's misconduct.
Now I am wondering how best to proceed to enforce my claim for damages against my insurance company. I am worried that I will have to bear the repair costs myself, even though I am insured for this. Are there ways to challenge my insurance company's decision and claim my damages?
I hope that you can help me with your expertise and experience in civil law and suggest possible solutions. Thank you in advance for your support.
Sincerely,
Uwe Schulz
Dear Mr. Schulz,
Thank you for your inquiry regarding your current situation with your insurance after a traffic accident. I am sorry to hear that your claim for damages has been rejected by your insurance company, on the grounds that you are alleged to have caused the accident through gross negligence. I understand that you are concerned in this situation and unsure about how to best proceed to enforce your claims for damages.
First and foremost, it is important to clarify what exactly constitutes gross negligence. Gross negligence occurs when a road user has violated the care required in traffic in an especially serious manner. This could be the case, for example, if you were driving under the influence of alcohol, blatantly disregarded traffic rules, or deliberately performed risky driving maneuvers. However, if you have followed all traffic rules and the accident was caused by the other driver's misconduct, it may be that the gross negligence does not lie with you and therefore your claim for damages was unjustly rejected.
In such a case, I recommend that you first address your insurance company in writing and reiterate your position. Provide all relevant information about the course of the accident and your perspective. Request your insurance company to review their decision and reexamine your claim for damages. It may also be helpful to provide witnesses or evidence that can prove your innocence in the accident.
If your insurance company persists in their decision and rejects your claim for damages, you have the option to take legal action. In such a case, I recommend that you seek the assistance of an experienced civil law attorney who can support you in this process. An attorney can assess your claims, provide legally sound representation, and potentially file a lawsuit against your insurance company.
It is important to note that each case is individual and there is no one-size-fits-all solution. Therefore, it is advisable to seek professional legal assistance to best represent your interests.
I hope that my response was helpful to you and will help you in your current situation. If you have any further questions or need legal assistance, I am at your disposal.
Yours sincerely,
Anna Fuchs
