How long may the insurer take over your claim?

Claims handling can take a long time, and that is frustrating. What is permitted, and what can you do if it takes too long?

A ‘reasonable period’

There is no fixed statutory period within which an insurer must handle your claim. It must, however, be done within a reasonable period. Insurers affiliated to the Dutch Association of Insurers have, moreover, committed themselves to prompt, transparent handling. If an insurer keeps stringing you along, you can press the point — in writing — and ultimately complain.

The limitation period: three years

More important to monitor yourself is the limitation period. Under article 7:942 of the Dutch Civil Code, your right to payment lapses after three years, counted from the day after you became aware that your claim had become due.

You can interrupt that period with a written notice in which you claim payment. Once the insurer either acknowledges the claim or unambiguously rejects it, a new three-year period begins to run.

What can you do about delay?

• Send a written reminder setting a reasonable period for a response.
• Assert your claim in writing each time (this also interrupts the limitation period).
• No movement at all? Lodge a complaint. Be cautious about a binding Kifid procedure: an unfavourable decision can block the route to the courts. Take advice beforehand on the best route.

Please note — Never simply let an ongoing discussion ‘fizzle out’. Assert your claim in writing at regular intervals, so that your right does not lapse unnoticed.