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Tips & Advies

Rejected damage claim? This is what you do in Den Haag

A rejected damage claim in Den Haag need not be the end of the matter. Request a reasoned rejection, obtain your file, submit an internal complaint and, if necessary, turn to Kifid or the Rechtbank Den Haag.

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A collision on the Utrechtsebaan, a rejected claim for water damage in Bezuidenhout or a dispute over a burglary in the Schilderswijk: in Den Haag this occurs more frequently than one might think. The insurer says no, but that need not be the end of the matter. With a targeted approach via local authorities and procedures, the case can often still be turned around.

Request written reasoning

An oral rejection over the telephone carries little legal weight. Demand a clear explanation by registered letter: which policy clause or statutory provision forms the basis? Insurers are obliged to do so pursuant to article 7:941 BW and their duty of care under the Wft. If such reasoning is lacking, the Rechtbank Den Haag at Prins Clauslaan may already declare the rejection improper.

Request your file

You are entitled to inspect the complete file, including expert reports and internal notes. Send a registered request; the insurer must respond within one month. Doubts are often already recorded in the notes that can assist you further. The Juridisch Loket Den Haag at the Spui can provide you with free assistance if you wish to proceed quickly.

Submit an internal complaint

Every insurer has a mandatory complaints procedure. Address your complaint directly to the complaints committee, not to the claims handler. The procedure takes a maximum of six weeks. In thirty to forty per cent of cases a revision or higher offer follows, because internal cost considerations play a role.

Engage Kifid

If the internal step is unsuccessful, you can turn to Kifid within three months. The advantages are clear:

  • € 50 complaint fee
  • Binding advice for the insurer
  • Processing time of four to nine months
  • Free support from complaint counsellors

Kifid does not handle ongoing court proceedings – choose one route.

Court for larger claims

For amounts above € 25,000 or complex questions of causation, the civil court is the logical next step. The limitation period is three years after the claim becomes due and payable (article 7:942 BW) or six months after a final rejection. A specialised lawyer from the Arslan-kantoor in Den Haag will almost always assess the chances of success in an initial consultation.

What you should avoid

Never sign a release for the rejected amount. Avoid emotional emails to the insurer and do not discuss the matter on social media. Such statements may later be used against you.