The road in the second picture is formally “paved”, but I absolutely understand why you might want to consider it as “unpaved”. The correct tag to express the state of the road is “smoothnes” - Key:smoothness - OpenStreetMap Wiki
In this case “bad” would probably be the correct value.
It would totally make sense if Kurviger would avoid “smoothness=bad” if the unpaved avoidance is selected, but I do not know if this is the case. A couple of relevant information can be found in this thread as well: Bad street surface - How can it named in OSM?