An IT employee from Seghwaert drives via the A12 towards Den Haag every morning. After a rear-end collision at the Rokkeveen exit, the insurer rejects the damage claim. What now?
Request written grounds for the rejection
An oral rejection has no legal value. Request a clear substantiation by registered letter: which policy condition or statutory provision forms the basis? Insurers are obliged to provide this information pursuant to article 7:941 BW and the Wft duty of care (Wft-zorgplicht). If proper grounds are lacking, you can use this immediately before Kifid or the court.
Request your complete file
You are entitled to access all documents, including expert reports and internal notes (article 35 AVG). Send a registered letter; the insurer must respond within one month. Internal memos often already reveal doubts about the rejection.
Initiate the internal complaints procedure
Send your complaint directly to the insurer’s complaints committee, not to the claims handler. The procedure takes a maximum of six weeks. In 30–40 % of cases, compensation is still awarded because the initial decision was taken under cost-control pressure.
Avoid pitfalls
Never sign a release for the rejected amount. Avoid emotional emails and do not discuss the matter on social media. Such statements may later be used against you.
Involve Kifid
If the internal route fails, you can turn to Kifid within three months. Advantages include the low complaint fee of € 50, binding advice and a processing time of four to nine months. Kifid does not handle ongoing court proceedings.
Rechtbank Den Haag: for large or complex claims
For claims exceeding € 25,000 or involving complex causation, Rechtbank Den Haag is the appropriate forum. The limitation period is three years after the claim becomes due and payable (article 7:942 BW). A lawyer from Arslan at Argonstraat 26 in Zoetermeer will assess the chances of success in an initial consultation. You can also contact Juridisch Loket Zoetermeer first for accessible advice.