Reduced compensation for material damage

We may reduce your compensation if the accident occurred because you, or the person in charge of your property, were negligent or consciously contributed to the damage.

Reducing compensation is called adjustment. Adjustment is carried out at various fixed intervals, in accordance with case law from the courts.

We can reduce your compensation by a third, 50 per cent, two thirds or the entire amount of compensation.

Common examples of negligence in traffic are speeding, inattention, not giving way to traffic from the right, being under the influence of drugs and/or alcohol, or driving too close to the car ahead. In that way the driver can consciously contribute to a collision with another vehicle.

That it was a case of negligence is often clear from the police investigation, a criminal judgment or from another investigation in the case.

The legal provisions can be found in Sections 10 and 12 of the Motor Traffic Damage Act.

Defective vehicle

If the vehicle had a defect that contributed to the accident, this may also lead to our reducing your compensation. Examples of this are threadbare tyres or defective (bad, broken, damaged) brakes.  

Age and condition

There is also what is called an age deduction. This means that we can deduct a certain percentage of the compensation depending on the age and condition of what has been damaged.  

What is meant by material damage?

By material damage is meant damage to a physical object that is not human. Injuries to animals are also included here. Common examples of material damage are knocked-down fences and damage to vehicles. 