Underestimated compensation from the civil liability of the perpetrator
A car accident in itself is a very unpleasant event, but unpleasant situations do not end there. If the damage was caused by the other driver, the injured party is entitled to compensation. This is a good idea that gets abused. The worst of them is underestimated liability compensation. Too low an amount paid into the account means in practice that for the rest of repairs you have to pay extra yourself.
It's hard to find any justice in it. Therefore, lowered compensation from the offender's OC should not take place at all. Unfortunately, you have to bear in mind that insurance companies want to make as much profit as possible. And this is not compatible with large payouts. This leads to unfair games, and the only salvation for the victim may be undertaking cooperation with a company specializing in obtaining adequate - and fair - compensation from the third party liability of the perpetrator of the accident.
Underestimated third party liability compensation - how often does it happen?
There are no reliable statistics on this subject. Naturally, the law firm or companies cooperating with injured persons are sent mainly by persons who were affected by the problem of undercompensation of third party liability of the perpetrator. This allows, however, to determine more or less the scale of the practice. Each year there are tens of thousands of such cases throughout Poland. Thus we may say that the phenomenon of lowering civil liability indemnity is common. One can never be sure whether an insurer is honest. This is a common-sense approach even if the insurer enjoys a good reputation. It is always worth verifying the estimate proposed by him regardless of the situation.
What to do when an insurer undercompensates for an accident?
The amount insufficient to cover all costs associated with the repair is a very common problem. Underestimated indemnity for civil liability, however, is easy to overlook. How is it possible? Well, insurers resort to a simple psychological trick that many people fall for. It is a quick payment of compensation in the amount ordered by the company. As soon as the money appears on the account of the injured party, the case is closed. At least this is what many people who are not familiar with the law think. In this way too low compensation from the civil liability of the perpetrator becomes a fact in relation to which no one has any intention of appealing. This is a basic mistake made by accident victims.
Therefore, it is worth emphasizing: even receiving money under the compensation does not close the way to further assertion of one's rights. There is still a possibility to appeal to an underestimation of the damage from the third party liability and - as a consequence - to receive additional payment.
Some people decide to seek an agreement with the insurer on their own. Amicable settlements seem more attractive for obvious reasons, but unfortunately they are rare. Insurance companies that offer lower compensation from the offender's third party liability, are sometimes slow to respond to appeals. Positive consideration of the case is also rare. In such a situation the injured party has no choice but to seek appropriate assistance in compensation.
Companies specializing in this field - such as our Contra - are well acquainted with the rights of injured persons and possibilities of further action. Thanks to our efforts the cost of repair will no longer be so frightening, and above all will be in line with the actual damage suffered. That is why too small compensation from the offender's liability does not have to be so problematic. While we are working, our clients can take care of their affairs. This is a huge saving of both time and health, and by the way is a guarantee of fair compensation.
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How to increase the compensation? What you do not have to accept?
In case of undervaluation there are still many options to seek the truth. Insurers usually insist that there was no underestimation of compensation from civil liability. And they assure you that they will pay the difference if it exists. This can easily be tested. Unfortunately, this is often associated with additional expenses. The appraisal of an expert who will calculate the actual loss and the related repair price, costs from 200 to even 500 zł. Cost estimates are also provided by authorized car services. They charge from 150 to 200 PLN, but only if you are sure to use their services. Regardless of the choice you have to put out a few hundred zloty.
Another way to understate the compensation from the perpetrator's OC is to collect all receipts. If the cost of repair will be more than specified in the insurer's letter, it is his responsibility to cover the difference. Where does such a low estimate come from anyway? Compensation from the liability of the perpetrator suggests buying the cheapest substitutes, and the time of work of professionals is even ridiculously low. This is due to the belief that repairs will not be made in an authorized service. This is a very dishonest game, which allows the insurer to save even a few hundred PLN on a single part. We point out, however, that this is an illegal practice. In order to avoid the problem with too small compensation from the perpetrator's liability insurance, it is recommended to collect all receipts as a proof of incurred losses.
The last option is to sue the insurance company. When it comes to understated compensation from the civil liability of the perpetrator, an appeal in court can be made even before the car is repaired, but you must have a detailed estimate of the repairs. It is on this basis that the court will issue a verdict. A civil lawsuit does not require the presence of lawyers, but it is better to decide to hire one. If you win, the fees of the law firm will be paid by the insurer.
Underestimation of the civil liability damage - an appeal is always possible
Insurers do not openly inform about the possibility of appeal. It is not in their interest. But our clients can be sure that this is always an option available to them. In the case of such an issue as lowered compensation from the civil liability of the perpetrator, the appeal usually brings the expected result, therefore it is worth trying. Especially when it turns out that the cost estimate does not take into account the price of original parts, and thus they predict a loss of value of the vehicle, which further affects the lowered third party liability compensation. These are dishonest practices, which can be verified in various ways to receive the correct amount for repairs.
Underestimated compensation from the civil liability of the perpetrator - what should be remembered when appealing?
Firstly, you need to keep to the time limits. In the case of such an underestimation of damages from third party liability, the appeal must be made within 3 years of receiving the letter from the insurance company. After that time, the statute of limitations on claims expires. This is a long enough period to decide to take the appropriate steps. However, it is not advisable to delay. The more time that passes since the accident and repairs, the harder it is to prove your case. The response from the insurer should come after a maximum of 30 days, but in extremely complex situations this can be extended to 60 days (however, the company must inform you about this in advance).
Secondly, the justification of the claim should be supported by good arguments. All certificates of costs incurred (i.e. bills) or expert's valuation are useful. Understated civil liability indemnity also requires proof of the market value of the car. Links to auction portals, for example, will serve this purpose.
Thirdly, a refusal does not close the case. There are still a few possibilities of reimbursement for undercompensation.
Professional help with compensation
Our assistance in cases of undercompensation from the civil liability of the perpetrator is comprehensive, and what is most important for our clients - fast. We act on the basis of taking over financial claims against the insurer and we pay our customers a mutually agreed amount. From the moment of signing the agreement we claim the remaining part of the compensation ourselves from the insurance company. Our customers, in turn, receive all the money they need to make repairs.
If you are interested in the issue of what to do when the insurer understates the compensation, we invite you to contact us by phone or e-mail. We will be happy to cooperate. We will make sure that the amount of compensation covers all necessary expenses. You do not have to assert your rights on your own! With our help no one will be misled and a too small compensation from the offender's liability will not cause problems.
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