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What is a disclaimer of liability: a letter in which you provide a reasoned rejection of a liability claim filed against you or your company, without acknowledging the claim. You explain why you are not liable, dispute the alleged damages or the causal link, point out the statute of limitations where necessary, and refer the opposing party to your insurer if applicable. The letter keeps the door open to legal positions and prevents you from unintentionally admitting liability through silence or a wrong word.
The short answer
- What: a written, reasoned rejection of a claim for liability.
- Objective: to dispute the claim without admitting liability.
- Core: substantiation per legal basis, contesting damages and causal link.
- Additional: reliance on the statute of limitations and referral to the insurer.
- Tone: businesslike and factual, no promises, no excuses that count as admission.
What exactly is a disclaimer of liability?
If someone believes that you or your company has caused damage, they send a notice of liability. In it, they hold you liable and demand compensation. The rejection of liability is your formal response to this: you reject the notice of liability and state why.
This concerns a letter of defense. You do not admit anything, you will not pay based on the mere assertion, and you set out why you believe the claim is incorrect. This could be because no mistake was made, because the damage has not been proven, because the link between the error and the damage is missing, or because the claim is time-barred.
Why you should never just pay or remain silent
A claim for liability is an assertion, not proof. The party holding someone liable must, in principle, demonstrate the fault, the damage, and the causal link (Art. 150 of the Dutch Code of Civil Procedure). If you pay without a defense, you are giving up a right that you might not have been obliged to honor.
Remaining silent is not wise either. If you do not respond, the opposing party may initiate a collection process or legal proceedings. A timely, professional rejection forces the opposing party to substantiate their claim and establishes your position for any potential judge.
The four building blocks of the substantiation
A strong rejection rests on four components. Often, one of them is sufficient to reject the claim, but you list them jointly where possible.
- No fault or shortcoming. You dispute that there is a tort (Art. 6:162 BW) or an attributable failure (Art. 6:74 BW). You acted as may be expected of a reasonably acting entrepreneur.
- Damage not proven. The amount and existence of the damage have not been substantiated. There is no need to address this without concrete documents.
- No causal link. Even if there were an error, there is no connection between that error and the alleged damage (Art. 6:98 BW).
- Statute of limitations. In principle, a legal claim for damages is subject to a five-year statute of limitations after knowledge of the damage and the liable person (Art. 3:310 BW). If that period has expired, the claim is no longer enforceable.
No admission of liability
The most important rule: do not let slip anything in the letter that could be considered an admission. A phrase like “sorry that this happened” can be used against you in legal proceedings. Formulate your words factually and professionally.
If you still wish to compromise without abandoning your position, use the addition “without admission of liability”. This allows you, for example, to make a practical proposal while refusing to disclose anything legally.
Referral to the insurer
If you have business liability insurance (AVB) or professional liability insurance, always report the claim to your insurer. Many policies require you to report a claim immediately and prohibit you from admitting liability. If you do, you risk losing your coverage.
In the rejection, you can refer the opposing party to your insurer. The insurer or their expert will then assess the claim further. However, keep the letter itself professional and follow the reporting conditions of your policy.
A brief practical example
An installation company receives a liability claim: a customer alleges that a leak in a central heating system caused water damage and demands €8,000. The company rejects the claim: it explains that the leak was located at a component connected later by another party (not a fault), that the damage is not substantiated by invoices (damage not proven), and that the complaint only arose after six years, while the customer was aware of the leak earlier (statute of limitations). At the same time, the company reports the claim to its general liability insurer. The opposing party withdraws the claim after the substantiation fails to materialize.
Honest recommendation
For a small, clearly unjustified claim, you can often draft a polite rejection yourself: state why there is no fault, that the damage has not been proven, and that you do not acknowledge anything. A lawyer is not necessary in this case. However, always report the claim to your insurer if you have one.
Do seek assistance when a large sum is involved, the facts are complex, or the opposing party has already engaged a lawyer. A single poorly worded sentence can then be interpreted as an admission of guilt. See how to draft a disclaimer of liability, what it costs to have a disclaimer of liability drafted, or use the disclaimer of liability from MKB Juristen directly.
Frequently Asked Questions
A written, reasoned letter in which you reject a liability claim without acknowledging the claim. You explain why you are not liable, dispute the damages and the causal link, point out the statute of limitations where necessary, and refer the matter to your insurer if applicable.
Yes. Remaining silent is unwise, as the opposing party may then initiate a collection process or legal proceedings. A timely, professional rejection forces the opposing party to substantiate their claim and establishes your position for any potential judge.
In principle, the party submitting the claim must demonstrate the fault, the damage, and the causal link (Article 150 of the Dutch Code of Civil Procedure). A mere assertion is not proof. In your rejection, you can request substantiation with concrete documents.
With that addition, you can make a practical proposal or resolve a matter without legally admitting liability. Your position remains fully intact if the case does end up in court.
In principle, a claim for damages lapses five years after the injured party became aware of the damage and the liable person, and at the latest twenty years after the event (Article 3:310 of the Dutch Civil Code). After this period, the claim is no longer enforceable.
If you have business or professional liability insurance: yes, report the claim immediately. Many policies require this and prohibit you from admitting liability. If you do, you risk losing your coverage.
Be careful. An expression of regret can be interpreted as an admission in legal proceedings. Keep the letter professional and factual. If you do wish to say something, use the wording “without admission of liability”.
