Has your insurer rejected a damage claim? This happens more often than you think. Sometimes this is justified, but often the rejection turns out to be incorrect or insufficiently substantiated. In that case, you can file an objection and compel the insurer to compensate the damage after all.
At Arslan Advocaten, we assist clients dealing with rejected damage claims, suspension of coverage, or alleged fraud. Thanks to our experience in insurance law, we know exactly how to enforce your rights.
Why do insurers reject damage claims?
An insurer may only reject a claim if there is a legal or contractual basis for doing so. Common reasons include:- The insurer claims the damage is not covered under the policy.
- The insured is said to have breached the duty to report (reported too late).
- The insurer suspects fraud or deliberate deception.
- The policy contains exclusions (such as theft without alarm class 3).
- The insurer considers the damage insufficiently demonstrated.
When is a rejection unjustified?
A rejection is unjustified if the insurer:- has not investigated whether the policy does provide coverage;
- has not fully established the facts;
- bases the rejection on an incorrect interpretation of the policy conditions;
- has insufficiently weighed the interests of the insured.
What can you do about a rejected damage claim?
1. Request the rejection letter
The insurer must explain in writing why your damage was rejected. Always request this letter and check whether the reasoning is consistent with your policy and the facts.2. File an objection
Do you disagree with the rejection? Then file a written objection with the insurer. Explain your position and refer to the relevant policy conditions. Clearly state why the damage does fall under coverage or why the suspicion is unfounded.3. Engage a lawyer
Is your objection rejected or does the insurer remain silent? Then you can be assisted by a lawyer. A specialized lawyer knows how to present evidence, how the insurer must substantiate their decision, and can claim damages on your behalf.4. File a complaint with KiFiD
If you cannot reach a solution with the insurer, you can submit your case to the Financial Services Complaints Institute (KiFiD). The procedure is free and accessible. The ruling can be binding, meaning the insurer is obligated to compensate your damage after all.5. Go to court
If KiFiD also does not lead to a solution, you can submit the case to the civil court. Arslan Advocaten can litigate on your behalf to have your damage compensated after all and, where necessary, also demand reimbursement of costs.Common mistakes by insurers
- Rejection without a thorough investigation
- Too strict interpretation of policy conditions
- Incorrect application of an exclusion ground
- No assessment of interests in cases of suspected fraud
- No substantiation or delayed response
What can Arslan Advocaten do for you?
- We analyze your policy and assess the grounds for rejection.
- We file objections or start proceedings against the insurer.
- We support you in complaint procedures at KiFiD.
- We recover costs from the insurer where possible, so our assistance is free of charge for you.