Travel Insurance Claim Rejected? Your Rights in Netherlands

It's frustrating when your travel insurance rejects your claim, especially after an unpleasant experience during your holiday. You've paid premiums and rightfully expect protection, but now the insurer refuses to pay out. Fortunately, you're not powerless - there are clear rules under Dutch law that insurers must follow.

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What's happening?

Travel insurers in the Netherlands regularly reject claims for various reasons, such as missing documents, policy exclusions, or disputing the cause of damage. Sometimes this is justified, but often it's wrongful because insurers don't properly fulfil their duty to investigate. Many consumers then give up, whilst they're actually entitled to a payout. Under Dutch law, insurers must always clearly explain why a claim is rejected. A simple rejection without proper justification is not permitted.

What does Dutch law say?

Dutch insurers must comply with strict rules from the Civil Code (Burgerlijk Wetboek) and the Financial Supervision Act (Wet op het financieel toezicht). They have a duty of care towards their customers and must investigate claims carefully. Dutch law protects consumers against arbitrary rejections. Insurers must be transparent about their decisions and cannot simply refuse to pay out without valid grounds.

1Article 7:941 BW (Dutch Civil Code): The insurer must pay out when the insured event occurs, unless there's a valid exclusion ground

2Article 6:2 BW (Dutch Civil Code): Insurers have a duty of care and must act reasonably and fairly towards their customers

3Wft Article 4:24a (Financial Supervision Act): Financial service providers must handle consumer interests carefully and treat claims fairly

What are your rights?

As an insured person in the Netherlands, you have strong rights protected by Dutch law. Insurers cannot simply refuse without good reason.

1Right to a reasoned rejection: The insurer must explain precisely why your claim is rejected, with reference to specific policy conditions

2Right to access your file: You may request all documents and correspondence about your claim to check if the decision is justified

3Right to reconsideration: You can object to the rejection and ask for a new assessment of your claim

4Right to independent dispute resolution: In case of continuing disagreement, you can go to Kifid (Financial Services Complaints Institute) at no cost

What can you do now?

Follow these steps to get your claim compensated after all:

1Request a written, reasoned rejection and study which policy conditions the insurer uses as justification

2Gather all relevant documents (invoices, medical statements, police reports) and submit a reasoned objection letter

3If the insurer maintains the rejection, report your dispute to Kifid (Klachteninstituut Financiële Dienstverlening)

4Consider legal assistance if it involves a high amount or if the case is complex - often your legal expenses insurance covers the costs

Sample letter or template

A well-drafted objection letter significantly increases your chances of success. MijnRecht.AI can help you draft a professional letter explaining precisely why the rejection is unjustified and what legal grounds under Dutch law you have for this.

Where can you get help?

For problems with your travel insurance in the Netherlands, you can contact the Legal Counter (Juridisch Loket) for free advice, Kifid for dispute resolution (free for consumers), the Consumer Association (Consumentenbond) for information about insurance rights under Dutch law, or a lawyer specialising in insurance law if large amounts are involved.

Conclusion

A rejected claim doesn't mean you're not entitled to compensation under Dutch law. Many rejections prove to be unjustified upon closer examination. With the right approach and substantiation, you can often still get your money back.

Frequently Asked Questions

Within what timeframe must I object to a rejected claim in the Netherlands?

Can the insurer reject my claim because I submitted a document late?

What if the insurer says my situation is excluded in the policy?

Does it cost money to go to Kifid?

How long does dispute handling at Kifid take?

What if I don't have legal expenses insurance and find a lawyer too expensive?

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