Imagine: you are lying with a broken wrist on the quay near TU Delft after your bicycle wheel got stuck in a manhole cover. The insurer rejects your claim. What now? In Delft you do not have to rush straight to court. Five concrete steps show how you can still achieve results, often without a lawyer.
Enforcing written justification
A rejection over the phone does not count. Demand a letter stating exactly which policy clause or statutory provision justifies the refusal. Insurers must do so pursuant to article 7:941 BW and their duty of care. Without this substantiation you can later have Kifid or the court establish that the decision was careless.
Filing an internal complaint with the insurer
Send 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 payment is still made or a higher amount is offered, because the first employee is under pressure from internal budgets.
Requesting your complete file
You are entitled to inspect everything: expert reports, internal notes and emails between claims experts (article 35 AVG). Send a registered letter; the insurer must supply the documents within one month. Often the file contains phrases such as “grey area” or “client has a strong story” that strengthen your position.
Involving Kifid if the internal route yields nothing
Within three months after the internal decision you can turn to the Klachteninstituut Financiële Dienstverlening. Advantages:
- Accessible: only € 50 complaint fee
- Binding advice for the insurer
- Average processing time of four to nine months
- Free support from complaint coordinators
Please note: ongoing court proceedings are not handled. Choose one route.
Rechtbank Den Haag for large or complex claims
For amounts above € 25,000 or disputes about causation the court is often the best step. You have three years from the moment the claim became due and payable (article 7:942 BW). A specialised insurance lawyer assesses the chances of success already during the first meeting. For matters arising in Delft the Rechtbank Den Haag has jurisdiction.
What you should avoid
Never sign a release for the rejected amount; you thereby forfeit further rights. Avoid emotional emails to the insurer and do not discuss your case on social media. Such statements may later be used against you.
Do you live in Delft and would you like to discuss your case immediately? The Arslan office at Phoenixstraat 16 is ready for an initial consultation. Call 070 – 4500 300 or drop in.