Holding liable
Your liability insurance protects you against high costs if you accidentally break something from someone else or causes an injury to someone. But what if you are the victim and someone has harmed you? In this article, you can read what you should do in such a case.
Documentation
First of all, you must ensure that you document everything properly so that you can prove your side of the story if necessary. For example, taking photos of the damage or injury directly and collect paper evidence such as receipts or bills. Also, make sure you record and save all correspondence. Do you have a telephone conversation or do you make verbal agreements? Always send your conversation partner a confirmation by e-mail. In the e-mail, you provide a summary of the conversation and the agreements that you have made. Also, ask if your conversation partner wants to confirm the e-mail.
Counterparty liability insurance
One of the first things to find out is whether the counterparty has liability insurance or not. If this is the case, the counterparty must submit the claim to his or her own insurance. To fulfil this, he or she requires certain data from you. The insurance may also want to see proof of the damage. So it is your responsibility as well to keep your documentation safe. If the insurance of the counterparty approves the damage claim, the damage amount will be paid to you.
Disagreements and conflicts
It is possible that the counterparty does have liability insurance, but refuses to submit a claim for damages. When the counterparty believes that the damage is not his or her fault, for example. In such a case, do your utmost to find a solution together. After all, it is the easiest way if the counterparty simply submits a claim to his or her insurance policy. If the counterparty nevertheless remains unable to reason, you can hold him or her liable. You can read more about this later in this article.
Counterparty without insurance
The counterparty may not have liability insurance. In that case, the counterparty cannot submit a claim to an insurance policy. The simplest solution is to talk to the counterparty and try if you can come to an agreement together. If the counterparty refuses to cooperate, you can also hold the counterparty liable in this case.
Holding the counterparty liable
You make someone legally liable by sending him or her a letter in which you write that you hold him or her responsible for the damage suffered. Several sample letters can be found on the internet. It is best to send the letter by registered mail so that you can prove that the counterparty has received the letter. Also, give the counterparty a period within which you wish to receive an answer. Depending on that answer, you can still try to settle the matter with the counterparty yourself. If this does not work, you will have to call in legal assistance.
Enable legal aid
If you cannot get away with the other party in any way and it involves a lot of damage, you can consider engaging legal assistance. If you have legal assistance insurance, you can submit your case and they will help you further. If you do not have legal assistance insurance, you can hire a lawyer yourself. When it comes to personal injury, you can turn to a specialized personal injury lawyer.
Costs of legal aid
Be aware that the costs for a lawyer are usually very high and can increase considerably with the duration of the case takes. If your claim for damages is considered justified, the counterparty will usually have to pay the costs for the lawyer. However, if you lose the case, you will have to pay all costs yourself. No lawyer can guarantee that you will win the case. So think in advance about how far you want to go.
