Why does the insurer refuse?
Insurers reject claims for various reasons: according to them, the damage is not covered by the policy, you reported the damage too late, there is alleged contributory negligence, or the insurer disputes the amount of the damage. Not all rejections are justified. Insurers sometimes interpret policy conditions too strictly or apply exclusions incorrectly.
Step 1: Internal complaints procedure
Start with a formal complaint to the insurer itself. Explain in writing why you disagree with the rejection and support your position with evidence. The insurer is obliged to take your complaint seriously and respond with reasons. Keep all correspondence carefully.
Step 2: Complaint to Kifid
If the internal complaints procedure does not produce a result, you can file a complaint with the Financial Services Complaints Institute (Kifid). Kifid handles complaints about financial service providers, including insurers. The procedure is accessible and often free of charge for consumers. Kifid can issue a binding recommendation.
Step 3: Legal proceedings
If Kifid does not provide a solution, or if you wish to initiate legal proceedings directly, you can summon the insurer. For claims up to EUR 25,000, the subdistrict court has jurisdiction; for higher amounts, the district court. You can claim performance of the insurance contract on the basis of Article 7:925 of the Dutch Civil Code (insurance contract) and compensation for breach of contract.
Limitation period
Pay attention to the limitation period: claims under insurance contracts become time-barred three years after the moment the payment became due (Article 7:942 of the Dutch Civil Code). You can interrupt the limitation period by sending a written demand. Therefore, do not wait too long before taking action.