Car stolen and the insurer will not pay?
Ask for the written reasons: the rejection usually turns on the cover, the keys or the police report.
Nederlands: Lees dit artikel in het Nederlands: Auto gestolen, maar de verzekering betaalt niet: wat kunt u doen?
Türkçe: Bu makaleyi Türkçe okuyun: Arabanız çalındı ama sigorta ödeme yapmıyor: ne yapabilirsiniz?
- Always report the theft to the police and keep the official police report.
- Check whether you had comprehensive or third-party, fire and theft cover and what requirements the policy sets.
- Hand in all keys as the policy requires.
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Your car has been stolen, you have reported it to the police, and then the insurer rejects your claim. For example, because it doubts that the theft took place, a key is missing or the car allegedly did not meet the security requirements. Whether that rejection is justified depends on your insurance policy and on the reasoning behind the decision. You should therefore request the full rejection letter, the applicable policy conditions and the investigation reports.
Responsible attorney: Onur Arslan, attorney at Arslan Advocaten. Content updated on 21 September 2026.
Which insurance covers car theft?
Third-party liability insurance (WA) in principle covers damage that you cause to others with the car. Theft of your own car is not covered by it. Under limited comprehensive cover (beperkt casco, comparable to third-party, fire and theft) or full comprehensive cover (volledig casco), theft is generally insured, within the limits of the policy. See, for example, the ANWB explanation of WA and limited comprehensive cover. Also check whether the cover was in force on the date of the theft and whether special clauses apply to your car.
The value of the car and the amount paid out may be disputed separately. Think of the current market value, the purchase value, accessories, the policy excess and any car finance. With financial lease, it may also matter to whom the payment must be made. A dispute about the amount requires different supporting evidence from a complete rejection of the claim.
Why does the insurer reject the claim?
Ask the insurer to state specifically which facts it disputes and which policy conditions or statutory provisions it relies on. A general statement that there are uncertainties does not tell you enough to respond in a targeted way.
| Ground for rejection | What you need to investigate |
|---|---|
| The theft has not been sufficiently proven | Police report, timeline, statements, parking location and any available footage or vehicle data |
| A key is missing | Number of keys received at purchase, any earlier replacement and the meaning of the key condition |
| The security does not meet the requirements | The exact clause, certificate, period of validity and technical condition on the date of the theft |
| The insurer suspects deception | The specific allegation, the reports relied on and the distinction between a mistake and deliberately incorrect information |
What should you do immediately if your car has been stolen?
Report the theft to the police as soon as possible and also notify your insurer yourself. For vehicle theft, the police refer you to the Stolen Vehicles Reporting Desk (Aangifteloket Gestolen Voertuigen). Have your registration and driving licence details ready. The current procedure is set out on the page reporting vehicle theft.
Ask the insurer which claim form and which documents are required. Keep the confirmation of your report and the claim number. Draw up a timeline for yourself straight away: where was the car parked, who had access to the keys and when did you discover the theft? If a lease car has been stolen, also inform the leasing company. Report it if the car is fitted with a tracking system, so that any available location data can be secured in good time.
How do you prove that the car was stolen?
As the insured party, you must substantiate your entitlement to cover. The evidence required for that depends on the circumstances. A police report is important, but it does not rule out a substantive investigation by the insurer. Where there are reasoned doubts, additional information may be needed.
In Kifid Appeals Committee 2023-0031, the alleged car theft was not considered sufficiently plausible. The relationship between the statements and the key data was one of the factors that played a role. The case shows why a verifiable timeline is needed and why the content of technical reports must be assessed carefully.
Write down when you last used the car, who was with you and when you discovered it was missing. Keep purchase documents, maintenance invoices, messages and photos. Ask for camera footage in good time; it is not kept indefinitely. Make clear which moments you know for certain and which you have reconstructed afterwards. Do not fill in missing information with an assumption that may later be read as an established fact.
What if a key is missing or the key investigation is disputed?
A missing key gives rise to questions, but the legal consequences must follow from the policy and the facts. Ask which key is missing, why the insurer considers that relevant and whether it relies on a cover condition, an exclusion or deception.
In a key investigation, the expert’s conclusion can only be assessed once it is clear which data were read out and how they were interpreted. Ask for the report, the investigation method and an explanation of the date and time data. If necessary, have an independent expert assess whether the technical conclusion fits the type of key and vehicle. Do not alter the keys or have them reprogrammed while an investigation may still be relevant.
Keyless theft and theft without signs of forced entry
With a car that has keyless entry, disputes sometimes arise about theft without visible signs of forced entry. The absence of such signs must be assessed together with the policy, the vehicle and the alleged course of events. Ask what the insurer bases its conclusion on if it takes the view that the car could only have been taken with an original key.
Also check whether a specific security clause applies, for example for an alarm system or vehicle tracking system. Keep the installation certificate, the certificate of approval and information on how the system was working on the date of the theft. Do not present a technical cause as an established fact yourself. A suspicion of electronic theft is not yet proof that this method was used in your case. The question to be investigated is which explanation the available data support.
How do you respond to an allegation of fraud?
Take an allegation of fraud seriously in its own right. It can have consequences for the payment, the policy, investigation costs and financial registrations. Article 7:941 of the Dutch Civil Code (BW) governs, among other things, the duty to provide information when making a claim and the consequences of intent to deceive. An inaccuracy is not in itself proof of such intent; the nature of the error and the further circumstances must be investigated. The burden of proving intent to deceive is explained, for example, in Kifid 2024-0175, paragraph 3.3.
Cooperate with reasonable requests for information and discuss any questions you do not understand before you answer them. Check the record of an interview for incorrect wording and have corrections recorded in writing. In an interview in which you are suspected of fraud, legal support can help to ensure that your statement is recorded fully and carefully. Read more about your rights during a fraud investigation by the insurer.
Nor does a rejected claim automatically mean that an entry in the External Reference Register (EVR) is justified. If you are registered, ask for the separate reasons for that registration. See also having an EVR registration assessed.
Car stolen abroad and the insurer will not pay out
If your car is stolen abroad, in addition to the Dutch policy you will be dealing with a local police report and possibly foreign investigation documents. Report the theft to the local police immediately, keep a copy of the report and also follow the Dutch reporting procedure. The Dutch police explain how to report a vehicle theft abroad.
Then check whether the country falls within the territorial scope of the policy and whether clauses on stays, use or security are relevant. Ask the insurer which translation it needs and why. Travel insurance does not automatically cover the value of the stolen car. Replacement transport, extra accommodation and return travel costs may fall under other types of cover; have those items assessed separately.
How long may the insurer investigate a car theft?
There is no general rule that every theft claim must be paid out after thirty days. A policy may contain a waiting period in case the car is recovered. That waiting period is something different from the time needed to assess cover and the extent of the loss.
If there is a delay, ask which specific questions are still under investigation, who is investigating them and when you will receive the next substantive response. Respond to targeted requests for information and record when you supplied the documents. If part of the claim has already been accepted, discuss whether an advance payment is possible. If a substantive decision is still not forthcoming, draw up a complaint about the progress, enclosing the earlier correspondence.
What steps can you take after the rejection?
- Collect the rejection letter, the policy schedule, the conditions and all available investigation documents.
- Draw up an overview of the disputed facts and the documents with which you can respond to them.
- Submit a reasoned complaint or request for reassessment to the insurer.
- Have it assessed whether further expert investigation makes sense, and agree the instructions and costs in advance.
- Then, if discussions do not help, choose an appropriate procedure before Kifid, the Dutch Financial Services Complaints Tribunal, or the court. Check jurisdiction, time limits and the consequences of a binding ruling.
Keep proof of sending and receipt. Have limitation periods and any contractual time limits checked separately; do not assume that every telephone call or every complaint preserves a time limit.
Who pays the costs of legal assistance and investigation?
Ask for a fee agreement in advance for the review of your file, negotiations and any proceedings. Reimbursement by a legal expenses insurer depends, among other things, on the cover and the policy conditions. A counter-appraisal is not always fully at the insurer’s expense either. Article 7:959 of the Dutch Civil Code concerns the reasonable costs of assessing the loss; the nature of the instructions and whether the loss is covered are relevant. An application to the valuation of a car can be found in Kifid 2020-345, paragraph 4.5. Read more about counter-appraisal under an insurance policy.
What if the payment is lower than the value or finance of the car?
If the payment is too low, the valuation basis is the first question. A current market value arrangement works differently from a purchase value or new value arrangement. Compare the calculation with the policy schedule and pay attention to the duration of any additional value guarantee. Support your response with the purchase invoice, mileage, maintenance history, specification and relevant options. Also ask how the policy excess has been applied.
With a financed car or financial lease, the debt may be higher than the insured amount. Theft does not mean that the finance agreement automatically lapses. Ask for a settlement statement and check who is entitled to the payment. Discuss any additional cover for a gap between the debt and the value. An expert report on the current market value does not answer that contractual question.
Which mistakes weaken your objection to the car insurer?
A common problem is that the response only describes how distressing the theft is, whereas the insurer points to a specific technical inconsistency. Therefore set each ground for rejection against your substantive answer and the supporting evidence. If a point remains uncertain, state which further information is needed.
Only sign a settlement agreement or a declaration of full and final discharge once you understand which claims it brings to an end. Check whether a proposal only deals with the payment or also with investigation costs, termination of the policy and registrations. A settlement on the loss does not automatically resolve a dispute about the EVR. Make sure the agreement covers all the matters you actually want to settle.
Key investigation in car theft cases
A key investigation can yield data on use, copies or the technical condition. Ask which key was examined, which data could actually be read out and which assumptions were made. The significance differs per vehicle and system.
A missing spare key or a difference in recollection is not in itself proof of a fabricated theft. It may, however, be a relevant question for investigation. Substantiate ownership, last use, parking location, the report and any available footage. Correct inaccurate statements in a targeted way.
Ask for separate reasons for the claim rejection, the recovery of payments and the registration. Also read about requesting investigation reports and the burden of proof in insurance fraud.
Practical example: a watertight timeline in a key investigation
Suppose the insurer interprets a date read from the key differently from you. In that case, make three columns: the event you remember, the document that goes with it and the conclusion the expert draws. A parking payment can support a location; it does not in itself prove who later drove the car. A purchase invoice showing that only one key was supplied can support a different point. By organising the evidence per question, it becomes clear which inconsistency really needs to be investigated. This is an illustrative example, not a description of a case we have won.
For a separate dispute about a financial registration, our explanation of the EVR after an acquittal or dismissal may help. A criminal case and an insurance claim do not automatically follow the same assessment of evidence.
Further reading: the valuation of the car
Frequently asked questions
Will I always get the purchase price of my stolen car back?
No. That depends, among other things, on any purchase value arrangement, its duration, the insured value and the policy excess. Even where the theft is accepted, the amount of the payment can be a separate dispute.
May I correct a mistake in my earlier statement?
Yes. Do so as soon as possible, in writing and with an explanation of the cause of the mistake. Keep the original statement. A correction should give insight into what happened; it must not become an adjustment of the facts to make a report fit.
Do I have to agree to the investigation report straight away?
No. Read the report and ask for an explanation of anything that is unclear. When signing, note the difference between confirming receipt, endorsing a statement and agreeing to a binding assessment of the loss.
Does third-party liability insurance pay out if my own car is stolen
Ordinary third-party liability (WA) cover is intended for liability for damage to others. Theft of your own car generally requires limited or full comprehensive cover. Check the policy schedule to see which cover applied on the date of the theft and which special security conditions go with it.
Can the insurer refuse because I only have one car key?
That must be assessed on the basis of the policy and the facts. Explain how many keys you received at purchase and whether a key was later replaced or lost. Ask why, in the insurer’s view, the missing key has consequences for your claim in particular.
Will I automatically receive a payment after thirty days?
No. Any waiting period is not a general guarantee of payment. The insurer must also assess the cover and the extent of the loss. After a stated period has expired, ask which points are still open and when a reasoned decision will follow.
Am I entitled to replacement transport after car theft?
That depends on your cover. Check the number of days, any maximum amounts and whether you need prior consent. Keep rental and travel receipts. Compensation for the car itself does not automatically mean that all temporary transport costs will be paid.
What happens if my stolen car is recovered?
Inform the police and the insurer and have the damage and costs recorded. The settlement may differ depending on whether payment has already been made and ownership has been transferred. Do not instruct anyone to repair or sell the car until it is clear who is entitled to decide on that and which costs will be borne.
Can I object to the current market value that has been set?
Yes. Ask for the calculation and the comparison data used. Point out specific differences in year of manufacture, mileage, specification and maintenance. If necessary, have an expert advise you. The sale price of another car does not in itself prove the current market value of your vehicle.
Does a police report help even if the police do not find a suspect
An unknown perpetrator does not automatically mean that the insurer does not have to pay. Solving the theft under criminal law is not the same as assessing your insurance claim. You must, however, be able to substantiate the alleged theft and your entitlement to cover sufficiently.
Have your rejected theft claim assessed
Arslan Advocaten can assess whether the rejection is consistent with your policy and the available documents. We discuss which response or procedure suits your file and what costs are involved. Have your rejection letter, policy and investigation report ready and get in touch. You can read more about our assistance on the insurance law page.
