A fall from an aerial work platform in a greenhouse complex along the Verdilaan or a collision with heavy transport on the N211: the insurer rejects the claim. That feels like the end, but legally it rarely is. Five concrete steps increase your chance of eventual payment.
Demand Written Explanation
A rejection over the phone does not count. Demand a letter stating exactly which policy condition or which statutory provision justifies the refusal. Insurers are obliged to do so under Article 7:941 of the Dutch Civil Code (BW) and the duty of care under the Financial Supervision Act (Wft). Without clear substantiation, you can have Kifid or the court immediately determine that the decision was careless.
File an Internal Objection
Every insurer has a mandatory complaints procedure. Address your objection to the complaints committee, not to the claims handler. The procedure takes a maximum of six weeks. In thirty to forty per cent of cases, a payment is nevertheless made because internal cost control influenced the initial decision.
Request the Complete File
You have the right to inspect all documents: expert reports, internal notes and correspondence (Article 35 General Data Protection Regulation (AVG)). Send a registered letter; the insurer must provide the documents within one month. Internal notes often already contain doubts about the rejection.
Involve Kifid
If no result is obtained, you go to the Klachteninstituut Financiële Dienstverlening within three months. Advantages:
- € 50 complaint fee
- Binding advice for the insurer
- Processing time four to nine months
- Free support from complaint coordinators
Kifid does not handle ongoing court cases; choose one route.
Rechtbank Den Haag for Larger or Complex Cases
For claims above € 25,000 or in cases of complex causation, the Rechtbank Den Haag is the appropriate forum. The limitation period is three years after the claim becomes due and payable (Article 7:942 of the Dutch Civil Code (BW)). An initial consultation with the Arslan office at Verdilaan 30 in Naaldwijk quickly clarifies whether your case has a good chance of success.
What to Avoid at All Costs
Do not sign a release for the rejected amount. Avoid emotional emails and do not discuss the matter on social media; the insurer will use everything against you.