A fall from a crane on the Maasvlakte or a collision on the A15 near Rozenburg – and the insurer rejects your personal injury claim. It feels like the end, but legally it rarely is. Below you will find a practical route tailored to port workers, international crew members and transport companies in the region.
Request Written Grounds
A rejection by telephone has no legal value. Demand a full substantiation by registered letter: which policy provision or statutory rule forms the basis? The duty of care under the Wft and article 7:941 BW obliges the insurer to provide clear reasoning. Without such reasoning you can later have the decision declared careless before Kifid or the Rechtbank Rotterdam.
Request the Complete File
You are entitled to inspect all expert reports, internal memoranda and correspondence between loss adjusters (article 35 AVG). Send a registered letter to the head office; the insurer must respond within one month. Internal notes often reveal that the case was already viewed internally as a “grey area” – precisely the information that strengthens your position.
Initiate the Internal Complaints Procedure
Send your complaint not to the claims handler but directly to the insurer’s complaints committee. The procedure takes a maximum of six weeks. In thirty to forty per cent of cases a higher amount or reconsideration is still offered, because the initial decision was taken under pressure of internal cost control.
Proceed to Kifid or the Court
If the internal route fails, you can turn to Kifid within three months. Advantages for Rotterdam residents: low threshold (€50), binding advice and a processing time of four to nine months. For claims above €25,000 or complex causation (for example involving international crew members or port cranes) the Rechtbank Rotterdam is often the better choice. The limitation period is three years after the claim becomes due and payable, or six months after a final rejection in the case of exclusion decisions.
What to Avoid
Never sign a release for the rejected amount – you thereby lose further rights. Avoid emotional emails and do not discuss the matter on social media; insurers will later use inconsistencies against you. Would you like personalised advice for your situation in the port? Contact the Arslan office at Wilhelminaplein 100 in Rotterdam (010 – 4400 400) or request an initial consultation via the Juridisch Loket Rotterdam.