I would contact the insurance and explain that there was hidden damage at the damper. Maybe due to compression or torsion during the hit. They should cover it in my opinion.
I agree, but unfortunately insurance company didn't. I will try again with your (better) words, as my reasoning only was "It worked before the accident".
There's also the fact that it took 5 months to repair the damage, as the tailgates were very hard to find and then it was summer vacation. So I had to use it even when the hatch didn't close properly. This may have damaged the damper further.
Thanks for the help and caring all!