An accident on the busy Parnassusweg or water damage in a cramped rental apartment in Oud-West: the rejection of your claim by the insurer feels like hitting a wall. Nevertheless, internal procedures and external bodies often still provide a solution, without you having to go straight to court.
1. Start by requesting your complete file
You are entitled to access, including expert reports and internal notes (article 35 AVG). Send a registered letter to the insurer. Within thirty days everything must be on the table. Often these documents already show that the rejection was viewed internally as doubtful.
2. Demand a written and reasoned rejection
A telephone call is not sufficient in law. Explicitly request which policy condition or statutory provision underpins the rejection. Article 7:941 BW and the Wft duty of care oblige the insurer to provide a clear justification. Without this reasoning you can later have it established before Kifid or the Rechtbank Amsterdam that the decision was careless.
3. Initiate the internal complaints procedure
Every insurer has a mandatory complaints committee. Address your complaint to that committee, not to the claims handler. The procedure takes a maximum of six weeks. In thirty to forty percent of cases a higher amount or full cover is still awarded.
4. Proceed to Kifid
If the internal route yields no solution, 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 guidance by complaints officers
A pending court case and a Kifid procedure at the same time is not possible.
5. Proceed to the Rechtbank Amsterdam for larger matters
For claims above € 25,000 or complex causation issues the Rechtbank Amsterdam is the appropriate route. The limitation period is three years after the claim becomes due and payable (article 7:942 BW). An initial consultation with a specialised lawyer quickly clarifies how strong your position is. The Arslan office at Parnassusweg 220, 1076 AV Amsterdam (070 - 4500 300) can assist you further, as can the Juridisch Loket Amsterdam.
6. Avoid these common mistakes
Never sign a release for the rejected amount. Do not send emotional emails and do not discuss your case on social media. Such statements will later be used against you when assessing consistency.