When an insurer rejects liability, it can have major consequences for the settlement of personal injury. Always ask for a full written justification. This clarifies which factual or legal point is being disputed. Gather targeted additional evidence and monitor relevant deadlines.
What does a rejection entail?
A rejection means that the addressed party or insurer does not fully or partially acknowledge legal responsibility. This can concern the circumstances, duty of care, contributory negligence, causal link, injury, or policy coverage.
Legal framework
In the case of a tort, Article 6:162 of the Dutch Civil Code (BW) is often the starting point. For traffic accidents between motor vehicles and cyclists or pedestrians, Article 185 of the Road Traffic Act 1994 (Wegenverkeerswet 1994) is usually relevant. Articles 6:101 BW, 6:98 BW, and 150 of the Dutch Code of Civil Procedure (Rv) are important for contributory negligence, causal link, and evidence.
Step-by-step plan in case of rejection
Ensure medical file formation, gather evidence about the event, hold the responsible party liable in writing, maintain an up-to-date overview of damages, and monitor the limitation period. Be in writing and keep proof of sending and receipt.
Deadlines and limitation period
A rejection does not stop the limitation period. Article 3:310 BW mentions as a general rule five years from the moment one is aware of the damage and the liable person. Interruption (stuiting) may be necessary according to Article 3:317 BW. Specific rules and deadlines apply for a direct claim under the Motor Insurance Liability Act (WAM).
Follow-up and assistance
A reassessment may be possible after additional investigation, witness statements, or visual material. Contact Arslan & Arslan Advocaten for an assessment of the rejection and the possible follow-up steps.
