Is the insurer refusing to pay out after a burglary because receipts are missing or because it disputes the value? Gather every available indication of ownership, theft and value. A receipt is important evidence, but it is not in every situation the only way to substantiate your claim.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
Three separate questions
The insurer may dispute that a burglary took place, that certain goods were present or that they had the stated value. Ask which question is actually at issue. A police report supports your claim notification, but does not automatically prove every item and amount listed.
Photographs, bank payments, guarantee certificates, serial numbers, maintenance records and witness statements can complement one another. For jewellery, its origin, earlier valuations and photographs of it being worn may be relevant. Make an overview per item and state where information is uncertain.
No receipt, but still evidence
Gifts and older possessions do not always come with an available purchase invoice. Explain how you acquired the item and which documents support that. Ask the insurer what additional information it needs. A reconstruction must remain verifiable.
Do not create a replacement invoice that is presented as an original, and do not inflate amounts to compensate for depreciation. A legitimate claim can be seriously damaged by a forged document. Uncertainty about the value should be stated openly.
Security and policy conditions
Some policies impose requirements on locks, alarms, safes or the storage of valuables. Ask for the exact clause and the actual shortcoming the insurer is relying on. The connection between that shortcoming and the loss may also be legally relevant, depending on the provision.
Check the limits for jewellery, cash, collections and belongings outside the home. A general contents sum insured does not mean that every separate category of goods is insured without limit. A distinction must also be made between current value and replacement (new-for-old) value.
If the insurer suspects fraud
Ask which statement it considers incorrect and what evidence it has for that. A discrepancy between the initial police report and a later inventory may have an explanation, but it must be explained carefully. An allegation of fraud and registration in the External Reference Register (EVR) require more than just a missing receipt.
The statutory rules on providing information after a loss and on intentional deception are set out in Article 7:941 of the Dutch Civil Code. In addition, have it assessed which separate legal basis is being used for recovering payments and investigation costs.
Frequently asked questions
Is a police report enough for my entire claim?
Not necessarily. Ownership, value and cover may require further substantiation.
Can I claim for jewellery without a receipt?
Other reliable evidence may be relevant. Plausibility and the policy conditions remain decisive.
Can I add to my inventory list later?
An addition may be necessary. Explain why the item was missing earlier and substantiate the addition.
What does Arslan need?
The police report, inventory list, policy, supporting evidence and the insurer’s questions or rejection.
Read more about the burden of proof in fraud cases and valuation of loss.
Have it assessed how you can substantiate your burglary claim and challenge the rejection.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
