Explainer Your rights · 5 min by Krantz & Polak
The declaration of agreement and the settlement agreement explained
What exactly are you signing when you agree to the loss figure? And can you still go back on it later?
At the end of a claims process, the insurer often asks you to sign your agreement. That document carries more legal weight than many people think.
What is it?
A declaration of agreement is usually a settlement agreement: an arrangement in which you and the insurer definitively fix the amount of the loss (and sometimes the manner of settlement). Such an agreement is intended to end uncertainty — and binds both parties to what has been agreed.
What does your signature mean?
- You consent to the assessed loss amount.
- It often contains a form of final discharge: you declare that this concludes the matter.
- Going back afterwards on the amount, or on forgotten items, is in principle no longer possible.
Can you still go back on it?
Only in exceptional cases, and that is legally difficult — think of a defect of consent such as deception, or a fundamental inaccuracy you could not have known about. Do not count on this; assume that a signature is final.
What to check before you sign
- Have all items been included, hidden and consequential damage too?
- Do you understand the term ‘final discharge’ and its scope?
- Do you feel under pressure? Then that is precisely a reason to wait a little.
Tip — You are entitled to read the agreement through at leisure (or have it reviewed) before you sign. If in doubt, first have the assessment reviewed independently — afterwards it is no longer possible.
When is your own expert a wise choice?
Not for every minor claim — but in these situations your own counter-expert almost always achieves a better and fairer outcome:
- The damage is substantial (guideline: from around € 5,000).
- The insurer doubts your account or accuses you of intent, negligence or fraud.
- The cause or circumstances are unclear — often with fire or water damage.
- An exclusion or deduction is invoked that you do not understand.
- There is underinsurance, or discussion about current value and depreciation.
- There is business interruption loss on top of the damage to property or contents.
- Your claim has been (partly) rejected.
- Before you sign — or before the insurer's expert records the damage one-sidedly.
Not sure whether it makes sense in your case? A first check costs nothing.
What you can do next
Three pages with a concrete answer to common follow-up questions.
-
What does a counter-expert cost?
Answer in 1 minute, with verbatim quotes from Kifid and the Dutch Consumer Association.
Read about costs -
How do we work?
Our step-by-step approach — from first inspection to final settlement.
See our approach -
Why 100% independent?
Comparison with hybrid agencies + 3 verification questions you can ask.
Our independence
Also relevant
-
Do not be too quick to sign your agreement
A signature under the loss assessment often closes the door. Why it is better to pause for a moment.
-
You are entitled to your own expert (counter-expertise)
The insurer's expert works for the insurer. You may put your own independent specialist opposite them.
-
Your claim has been rejected — what now?
A rejection is not the end of the road. Here is how to establish the reason and decide on your next steps.
Just had damage?
Call us or report your claim online. We usually respond within 24 hours.