Bicycle accident on the Breestraat or water damage in a student house near the Pieterskerk: the insurer says no. What then? A rejection does not yet mean the end. With the right steps you can still get your way, often without having to go to a lawyer immediately.
Request written grounds
A rejection over the phone does not count. Request an official letter in which the insurer states precisely which policy condition or statutory provision justifies the refusal. Article 7:941 BW and the Wft duty of care oblige them to provide that clarity. Without grounds you can later have it established directly before Kifid or the court that the decision was improper.
Request your complete file
You are entitled to inspect everything: expert reports, internal notes and email correspondence between claims handlers (Article 35 GDPR). Send a registered letter. The insurer must supply the documents within one month. Comments such as “grey area” or “customer has a strong case” are often included and can strengthen your position.
Lodge an internal complaint with the insurer
Every insurer has a complaints committee. Address your complaint to that committee, not to the original handler. The procedure takes a maximum of six weeks. In thirty to forty per cent of cases compensation is still awarded because internal cost control comes under pressure.
Involve Kifid if the internal route yields nothing
Within three months you can turn to the Klachteninstituut Financiële Dienstverlening (Kifid). Advantages:
- Only € 50 complaint fee
- Binding advice for the insurer
- Processing time four to nine months
- Free support from complaint counsellors
Kifid does not handle ongoing court proceedings; choose one route.
Go to court for larger or complex claims
For amounts above € 25,000 or in cases of complex causation, the Rechtbank Den Haag is the appropriate court. The limitation period is three years after the claim becomes due and payable (Article 7:942 BW) or six months after the final rejection. A specialised insurance lawyer will almost always assess the chances of success in an initial consultation. In Leiden you can contact the Arslan office for this purpose, Stationsweg 26, 2312 AV, telephone 071 - 5200 200, or the Juridisch Loket Leiden.
What to avoid
Do not sign a release for the rejected amount; you thereby forfeit further rights. Avoid emotional emails and do not discuss the matter on social media. The insurer will use everything against you later.