Imagine: you drive every morning via the A13 towards Den Haag and become involved in a rear-end collision near the Rijswijk-Zuid exit. Your car insurer rejects the claim. What now? For commuters in the Haaglanden suburban municipality this is a daily occurrence. Fixed procedures exist to still obtain your rights, often without immediately needing to engage a lawyer.
Demand written motivation
A rejection by telephone has no legal effect. Demand an official letter stating precisely which policy condition or statutory provision justifies the rejection. Insurers are obliged to do so pursuant to article 7:941 BW and the Wft duty of care. Without a clear substantiation you can later easily demonstrate before Kifid or the court that the decision was careless.
Request your complete file
You are entitled to inspect the entire file, including expert reports and internal notes (article 35 AVG). Send a registered letter; the insurer must respond within one month. Often these notes already reveal that the initial handler had doubts. Many commuters who drive daily over the A4 or A12 discover in this way that their case is stronger than initially appeared.
Submit an internal complaint
Every insurer has a mandatory complaints procedure. Address your complaint to the complaints committee, not to the claims handler. Internal handling takes a maximum of six weeks. In 30 to 40 percent of cases the rejection is revised or a higher amount is offered.
Engage Kifid
If the insurer maintains its position, you can turn to Kifid within three months. The advantages are clear:
- Accessible: only € 50 complaint fee
- Binding advice for the insurer
- Processing time of four to nine months
- Free support from complaint counsellors
Ongoing court proceedings are not handled. Therefore choose one route.
Proceedings before the Rechtbank Den Haag
For claims above € 25,000 or in cases involving complex causation issues, the civil court is often the best option. The limitation period is three years after the claim becomes due and payable (article 7:942 BW). A specialised insurance lawyer can already indicate in an initial consultation how strong your case is. Residents of Rijswijk can turn to the Rechtbank Den Haag for this purpose.
What you should avoid
Do not sign a release for the rejected amount. Avoid emotional emails to the insurer and do not discuss your claim on social media. Such statements are often later used against you. Anyone still seeking legal assistance can contact a local firm such as Arslan at Generaal Spoorlaan 35 in Rijswijk.