In the industrial heart of Brabant, where lorries travel daily along the N65 and around the Loven junction, an insurer will sometimes reject a claim following a collision or cargo damage. This may feel like the end, yet legally it is rarely final. Internal procedures and external bodies offer real prospects of review, often without the immediate need to instruct a lawyer.
Demand written reasons for the rejection
A rejection communicated by telephone has no legal effect. Request a letter that specifies which policy condition or statutory provision justifies the refusal. Insurers are obliged to do so under article 7:941 BW and their duty of care pursuant to the Wft. Without such reasons you can ask Kifid or the court to declare the decision improper.
Request your complete file
You are entitled to inspect expert reports, internal notes and correspondence between loss adjusters (article 35 AVG). Send a registered letter; the insurer must respond within one month. These documents frequently reveal that the initial rejection was already under internal discussion.
Initiate the internal complaints procedure
Every insurer is required to maintain a complaints committee. Address your complaint to that committee rather than to the original handler. You will receive a response within six weeks. In thirty to forty per cent of cases the decision is revised or a higher offer is made, because internal cost control then comes under pressure.
Turn to Kifid or go directly to Breda?
If the rejection stands, you may submit the matter to Kifid within three months. For €50 you obtain a binding opinion, usually within four to nine months. Kifid does not handle cases already pending before the courts. For larger amounts or complex causation issues, proceedings before the Rechtbank Zeeland-West-Brabant in Breda are often more effective. The limitation period is three years from the date the claim became due and payable (article 7:942 BW).
What to avoid
Never sign a release for the rejected amount. Refrain from sending emotional emails to the insurer and do not discuss the matter on social media. Such statements may later be used against you. Residents or businesses in Tilburg may first visit the Juridisch Loket Tilburg or contact the Arslan office at Spoorlaan 350 for an initial assessment.