This Carolo thought that his little accident caused by a pothole in the road would be solved quickly. It is insured. After a year-long fight, the verdict is reached: He will not be compensated. Determined to assert his rights, Mike testifies about his experience via the orange Alert us button.
Leaving work, on his way to a friend’s house, Mike doesn’t yet realize that a small accident will drag him into a year-long battle to get his money back. “I have taken a perfectly feasible path“he explains to us,”this road had various potholes so I drove calmlyMike’s caution probably wasn’t enough:Just after a turn I went through a big hole, more like a crater. I directly damaged the tire and rim. I even had to ask for a repair” recalls Mike bitterly. Yet the trouble has only just begun.
(c) Give us notice
Mike doesn’t doubt it, it’s the deplorable state of the road that caused the accident: “The hole was huge, there was a ‘damaged road’ sign which was no longer visible“. The motorist therefore decides to withdraw his insurance to reimburse the repair costs, which have constituted a “between €400 and €500“, he says. The amount of snapshots of the damage and the street accompany a whole series of usual documents: “Linsurance asked me to go to the police office and I got the documents from the garage“, he says. The painful procedure lasted more than a year: “It dragged on… I had to send some documents back, then they gave no more signs of life. In the end, the municipality said it was not damaged“.
(c) Give us notice
The verdict was long awaited, but when it came it was disappointing: “It was up to your insured to be careful and vigilant and adapt his driving to the configuration of the premises” indicates the letter sent by the insurance in the city of Charleroi, to that of Mike. Despite all the documents sent a second time, the position of the opposite insurance will not change: Mike should be more careful and will not be compensated.
(c) Give us notice
“It’s a shame because we pay everything, we have a good reputation, I have no history and now they won’t do anything? It is unacceptableMike insists.
How to get compensation?
Is it impossible to get compensation after a traffic accident? It depends on many factors, but Assuralia explains to us that it is possible to avoid this kind of problem: “There is only one insurance that covers this type of damage, that is omnium insurance” says Nevt Degirmenci, spokesman. This covers all damage to a vehicle, including after an accident for which we are responsible. This solution should be considered for new or almost new vehicles: “For vehicles over 10 years old, it’s not really worth it because it will be far too expensive” clarifies Nevert Degirmenci. Since Mike’s vehicle was of a certain age, he was right not to take out this insurance.
For vehicles over 10 years old, it’s not really worth it
The other solution is, as Mike tried to do, to try to recover the costs through the supervisor. “To find the supervisor, you need to check where the incident took place. You need to contact the public authority: is it the municipality, the province or the region? Identify this manager to introduce his case and hope to get compensation related to the repair of the vehicle “, specifies the spokesperson for Assuralia.
In order for the file to be as complete as possible, Nevert Degirmenci recommends that “file a complaint, obtain a report from the police, take pictures, prepare estimates or invoices for repairs and possibly even obtain witnesses if there has been any“, to prove that the damage on the road is not foreseeable.
The last resort: justice
Despite Mike’s efforts, this solution did not work. There is then only one way out: that of justice. According to lawyer Paul-Henry Delvaux, “the city is responsible for the track as long as it is important enough“Each file depends on a large number of factors, but the important thing is always the predictability of the accident.
The question is whether the accident was foreseeable or not.
It is possible to turn against the city to win your case, but for that you must prepare yourself as well as possible: “We need pictures of the scene, under the accident conditions, taking into account the orientation of the sun, the weather conditions. The question is whether the accident was foreseeable or not.” explains Paul-Henry Delvaux. It is good to add a police report to this.
However, the lawyer advises Mike not to proceed with this lawsuit: “For €400 we do not have a trial with a lawyer. It will cost him between €600 and €800“.