Damage & Repair Difference Claims

What Is Damage Indemnity?

Damage indemnity covers the cost of restoring a vehicle after an accident, including repairs and parts replacement needed to return it to its previous condition.

What Is a Repair Difference Claim?

Instead of paying cash, insurers may have the vehicle repaired at a contracted workshop and pay the workshop directly. This is known as repair in kind.

When this method is used, repairs must comply with applicable regulations and insurers remain responsible for service quality. Policyholders may still face issues such as:

• A part that should be replaced being only repaired
• Use of low-quality aftermarket parts instead of original or equivalent parts
• Poor workmanship or inadequate paintwork

Even when working with contracted workshops, insurers can remain legally responsible for resulting shortcomings.

Legal Rights and Claims

Not everyone can be expected to know every detail of insurance claims. Working with a lawyer experienced in traffic accidents is often the safest approach.

General Conditions on Repair Difference

Under article B.2 of the Compulsory Motor Third-Party Liability Insurance General Conditions:

“In the event of damage, if the damaged part cannot be repaired or cannot be replaced with an equivalent or reusable part, it shall be replaced with an original part. Any increase in the vehicle’s value resulting from this application shall not be deducted from the indemnity.”

Accordingly, repair comes first; if repair is not possible, an equivalent part; if unavailable, an original part must be used.

Your Right to Claim a Difference

In traffic insurance cases, parts that cannot be repaired are sometimes replaced with aftermarket parts contrary to the rules.

In that case you may claim a repair difference and/or request proper parts. For professional support aligned with your case and current regulations, please contact us.