Suppose: during the morning rush hour you collide with another car on the A27 at junction Lunetten. The insurer rejects your claim due to ‘unclear circumstances’. What now? In Utrecht there are concrete avenues to still obtain your rights, often without immediately engaging a lawyer.
Demanding Written Motivation After Rejection
An oral rejection has no legal value. Demand a registered letter in which the insurer precisely indicates which policy condition or statutory provision justifies the refusal. Without that substantiation you can later state directly to Kifid or the court that the decision is insufficiently motivated.
Requesting Your Complete Insurance File
You are entitled to inspect expert reports, internal memoranda and correspondence. Send a registered request; the insurer must respond within one month. Frequently these documents already reveal that the rejection was internally regarded as a ‘grey area’.
Initiating the Internal Complaints Procedure with the Insurer
Address your complaint to the complaints committee, not to the claims handler. The procedure takes at most six weeks. In one third of cases compensation is still awarded because internal cost considerations are reconsidered.
Engaging Kifid if the Internal Route Fails
Within three months after the internal decision you can turn to Kifid. Advantages include a low complaint fee, a binding opinion and support from complaint counsellors. Ongoing court proceedings are not handled by Kifid.
Going to Court in Midden-Nederland for Substantial Claims
For amounts above € 25,000 or complex causation issues, the Rechtbank Midden-Nederland in Utrecht is the competent court. The limitation period is three years after the claim becomes due and payable. An initial consultation at the office on Vredenburg 40 can quickly clarify whether your case has prospects of success.
What You Must Absolutely Avoid
Do not sign a release for the rejected amount. Avoid emotional e-mails to the insurer and do not discuss the matter on social media; both can later be used against you.