Is your legal assistance provider not responding, has your file been closed without a clear explanation, or do you disagree with how your case is being handled? Submit a targeted complaint to the party responsible for the problem. Identify the decision, the facts and the solution you want. A complaint about communication, a dispute about cover and a disagreement about legal prospects may each have different follow-up routes. Arslan can assess those routes and examine whether taking on your case is possible.
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Written by Onur Arslan, attorney at Arslan Advocaten. Onur Arslan practised for many years as a corporate lawyer and insolvency trustee (curator) and has extensive experience in financial law disputes. Do you have questions about your own situation? Get in touch.
First establish who you need to contact
The name on your policy need not be the same as the name of the organisation handling your case. An insurer may have legal assistance provided by a separate foundation or claims handler. An external lawyer may also have been instructed. So note the insurer, claims handler, case handler and any lawyer separately. Use the policy schedule, the confirmation that the file was opened and the letter of instruction.
A complaint about cover is directed at the position taken on the insurance. A complaint about the handling concerns, for example, accessibility, the provision of information or the steps chosen. A complaint about an external lawyer may also fall under that lawyer’s firm complaints procedure and the disciplinary rules for lawyers. Do not send your complaint only to a brand name without checking which organisation must decide on the substance.
For brands such as DAS, ARAG, Univé, Achmea Rechtsbijstand, Interpolis, Centraal Beheer, FBTO, Nationale-Nederlanden, a.s.r., ANWB and Klaverblad, the product and the provider handling it must be established separately. Older SRK policies may also require checking which provider has taken over. A complaints route that belongs to one product is not a general scheme for every product of the same group.
What exactly is your complaint?
A complaint about cover concerns the insurance itself: was the module taken out, did the conflict arise or was it reported in time, does an exclusion apply and in what capacity are you insured? Ask for the specific policy clause and how it applies to your facts. Merely saying that the rejection feels unreasonable does not rebut a specific ground for exclusion.
In a disagreement about prospects or approach, the disputes procedure may be relevant. For example, when the provider considers your claim to have insufficient prospects, while you point to important evidence that you believe was not taken into account. In that case, ask for an assessment of that substantive difference. An ordinary service complaint need not replace that formal procedure.
A complaint about handling may concern unanswered messages, an unclear plan of action or agreements that were not kept. Describe when you made contact, what commitment was made and what did not happen. State what is needed to move forward: a substantive response, a different contact person or correction of a specific error.
A claim for damages due to a handling error requires more. You must be able to explain which obligation was breached and what loss resulted from it. A lost case does not in itself prove that the case handler made an error. See also our article on assessing problems with legal expenses insurance.
How to build a useful complaint
Start with your file number, policy number and the decision or conduct you are complaining about. Then describe the facts in chronological order. Limit the first version to the points on which a specific decision is needed. A file with many emails can be supported with a list of attachments; you do not need to repeat every earlier discussion in the main text.
Link each criticism to a document. If an agreement was not kept, attach the confirmation. If evidence was not discussed, identify which document is missing from the assessment and why it is relevant. Make clear when something is your own observation and when you are drawing an inference.
Then set out the solution you want. Do you want cover to be reconsidered, the disputes procedure to be applied, a response to your evidence, a transfer or compensation? Several requests are possible, but indicate which request relates to which problem. Ask for a reasoned written position and keep records of when items were sent and received.
A fictional example: a case handler promises to respond within two weeks to a proposed dismissal. After three reminders, there is still no substantive response. The complaint identifies the commitment, the reminders, the employer’s response deadline and the request for immediate clarity about the handling. The question of a possible claim for damages is kept separate until the actual loss is known.
Do not let time limits in the main case expire
A complaint against the insurer does not automatically put your employment, tenancy or personal injury case on hold. Ask in writing who is monitoring the running time limits and which protective steps are needed. If you have received a summons or an appeal deadline is approaching, an immediate legal assessment may be more important than the normal processing time of the complaints department.
If the case handler has said that they will take no further action, do not assume that time limits are still being monitored. Ask for clear confirmation of the status and have it examined in good time what you or a new lawyer need to arrange. Merely forwarding your file to another firm does not yet mean that the case has been accepted.
The complaint itself may also be subject to time limits. The internal procedure, Kifid (the Dutch Financial Services Complaints Tribunal) and the courts each have their own rules. Check the applicable rules and the final position letter. A general six-week time limit, as applies to certain administrative law decisions, must not be applied to an insurance complaint without good reason.
When Kifid can be a next step
Kifid can deal with certain complaints about financial products and services. Check whether the party concerned is affiliated, whether your complaint and your capacity fall under the rules and whether the internal complaints procedure has been sufficiently completed. Businesses do not necessarily have the same options as private policyholders.
Also consider what a binding ruling means. Binding advice is not an optional intermediate step before the same case is again submitted in full to the courts. The possibilities for challenging its binding effect later are limited. So discuss the choice of route before you agree to a procedure whose consequences you cannot fully foresee.
Kifid cannot solve every problem in the original case. A conflict with your employer may have to be dealt with by the courts, while Kifid only assesses the complaint about the legal assistance. Keep the parties, claims and time limits of both files separate. The Kifid rules set the conditions for dealing with a complaint.
Complaint about an external lawyer
If a lawyer was instructed through the insurance, ask who gave the instruction and which arrangements apply. First raise a complaint about that lawyer’s work under the applicable firm complaints procedure. Disciplinary law and a civil claim for damages have different functions. A complaint does not automatically lead to compensation for loss or to another firm taking over.
The insurer may also remain involved in funding and approving the instruction. A discussion about the hourly rate, however, is something other than a complaint about a missed procedural step. Identify which problem must be solved by which party, so that they do not respond at cross purposes.
Can Arslan take over your case?
Arslan can assess the complaint and the options for further handling. For a takeover, the file, stage of proceedings, time limits, previous arrangements and costs must be clear. Sometimes a decision on cover or consent for external assistance is needed first. Sometimes you can give a separate instruction. Funding is discussed in advance.
A complaint does not automatically give an unlimited right to a lawyer of your own choosing. Nor is it always wise to first have binding advice given by the firm you would like to handle the case: the independence rules may restrict subsequent handling. So indicate clearly at the intake what you ultimately want to achieve.
Frequently asked questions
Should I complain to the insurer or to the provider handling my case?
Check which party took the disputed decision or is responsible for handling the case. Name both organisations if their roles are connected, and ask clearly who will deal with the complaint.
Is a complaint the same as the disputes procedure?
No. The disputes procedure covers certain substantive disagreements about approach or prospects. A complaint may also concern cover, accessibility or a handling error. The right route follows from the specific problem.
Can I go straight to Kifid?
That depends on jurisdiction, the applicable rules and the internal complaints handling. Check those conditions and any running time limits before you submit your request.
Will I automatically get a different lawyer?
No. Transfer and reimbursement require a separate assessment. A well-founded complaint does not mean in every situation that external handling is mandatory.
Do my proceedings continue during the complaint?
In principle, yes. Ask who is monitoring the time limits and, if necessary, arrange other assistance in good time. The complaint does not in itself suspend the original case.
What should I send to Arslan?
The policy schedule, the decision, your earlier complaint, the response to it and a short timeline. State the solution you want and the next deadline.
Discuss your complaint
Contact Arslan Advocaten if your legal expenses insurance file has stalled. We will discuss the appropriate complaints route, options for putting things right and a possible takeover. The instruction and costs of a substantive assessment or further handling are discussed in advance.
Sources
Kifid rules. Legal Expenses Insurance Quality Code 2026 (Kwaliteitscode Rechtsbijstand). ARAG disputes procedure.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
