Kifid Complaint Procedure

What we do

A complaints procedure can be initiated the moment the insured has a complaint about the insurer. Our insurance law practice group can provide legal support in this regard. This support is provided by presenting legal arguments and, if necessary, initiating negotiations. Should this prove unsuccessful, a complaint can be filed with the Financial Services Complaints Institute (Kifid) or legal proceedings can be initiated. The lawyers and legal experts can provide legal support at every step.

We have the experience and expertise to assume diverse roles, from advisory services to dispute resolution. We have an experienced team of lawyers and legal experts in insurance law. Contact us to discuss the possibilities.

What is Kifid and when can you contact them?

The Financial Services Complaints Institute (Kifid) handles complaints between consumers and small business owners on the one hand, and financial service providers such as insurers, banks, and insurance intermediaries on the other. Kifid was established as an accessible and independent alternative to going to the civil courts. You can turn to Kifid if you have an insurance dispute with an insurer affiliated with Kifid and you have first unsuccessfully submitted your complaint internally. The threshold is deliberately low: from an international group wishing to submit a coverage dispute to the baker on the corner who feels unfairly treated by his insurer, Kifid is an accessible route in many cases. However, please bear in mind that Kifid is primarily intended for consumers and small business parties; large corporate disputes more often go through the courts. Our lawyers and in-house counsel assess in advance whether Kifid is the best route for your situation or whether a policy dispute would be better submitted directly to the court.

The internal complaints procedure: the mandatory first step

Before Kifid takes your complaint into consideration, you must first submit the complaint in writing to the insurer itself via its internal complaints procedure. The financial service provider is given the opportunity to reconsider the complaint. Only when the insurer definitively rejects your complaint, or fails to respond in a timely manner (usually within six weeks), is the path to Kifid open. A well-substantiated, legally sharp letter of complaint is crucial at this stage: in it, you set out the facts, the policy conditions, and your claims. Our legal experts draft the letter of complaint or review your draft, ensuring that the case is legally convincing from the very beginning.

Steps in the Kifid procedure

The process at Kifid follows a fixed course. First, during the intake, Kifid assesses whether your complaint is admissible: are you a consumer or a small business owner, is the insurer affiliated, and have you gone through the internal complaints procedure? Subsequently, a legal secretary assesses the case on its merits, and Kifid attempts to reach a solution through mediation. If mediation fails, the Disputes Committee submits the case, possibly with a hearing, and issues a ruling. The committee assesses the case against the law, the policy conditions, and the principles of reasonableness and fairness under Article 6:248 of the Dutch Civil Code. Under certain conditions, an appeal against a ruling may be lodged with the Appeals Committee.

Deadlines to watch out for

Deadlines are crucial in Kifid proceedings. As a rule, you must submit your complaint to Kifid within one year of reporting it to the insurer, or within three months of the insurer definitively rejecting your complaint in writing. If you exceed this deadline, you risk the complaint being deemed inadmissible and a substantive assessment being withheld. It therefore pays to seek legal advice early on so that no deadline passes unnoticed. We monitor the deadlines and ensure that your complaint is submitted on time and in full.

Binding or non-binding advice: a strategic choice

A distinctive feature of the Kifid procedure is that you choose in advance between a binding and a non-binding opinion. If you opt for a binding opinion, both parties commit to the outcome beforehand, and recourse to the civil courts is, in principle, closed thereafter, subject to a limited marginal review. If you choose a non-binding opinion, you retain the right to submit the dispute to the civil courts if the ruling is unsatisfactory, although judges generally carry significant weight in a Kifid ruling. This choice has major consequences for your position and depends heavily on the strength of your case file. Our lawyers advise you on the strategically wisest choice for your case.

Appeal to the Appeals Committee and recourse to the court

If you disagree with a binding decision of the Disputes Committee, you may, subject to conditions, appeal to the Kifid Appeals Committee. A complaint fee is payable for the handling of an appeal. If the Kifid route is unsuccessful or unsuitable, recourse to the civil courts remains open in the event of a non-binding opinion. We assess whether an appeal has a good chance of success or whether proceedings before the court—for example regarding a coverage dispute or a dispute concerning the duty of disclosure—offer a stronger outcome.

Why legal assistance with a Kifid complaint pays off

While hiring a lawyer or legal expert at Kifid is not mandatory, it is often advisable. Insurers possess extensive legal departments and will defend their position professionally. With legal assistance, you are on equal footing: we gather evidence, translate your complaint into compelling legal arguments, and prevent procedural errors such as missing a deadline or making an incorrect choice between binding and non-binding advice. If you are unsure about your chances, a second opinion often provides clarity. MKB Juristen works with mixed teams of lawyers and in-house counsel, ensuring that both international corporations and independent entrepreneurs have access to specialist assistance.

Kifid complaint procedure within our insurance law

The complaint procedure at Kifid is one of the routes within our broader Insurance Law. Whether it concerns a rejected claim, a dispute regarding the interpretation of policy conditions, or a conflict over coverage, we assess on a case-by-case basis which route—Kifid, negotiation, or court—best serves your interests. In this way, we combine the accessibility of Kifid with the clout of a specialized insurance law team.

Frequently asked questions about the complaint procedure at Kifid

Can I file a complaint with Kifid as an entrepreneur?

Yes, in addition to consumers, small business owners and self-employed professionals can also turn to Kifid in many cases. For large corporate parties, going to court is often more appropriate. We assess in advance whether Kifid is available for your situation.

How much does a procedure at Kifid cost?

The handling of your complaint by the Disputes Committee is, in principle, free of charge. A complaint fee is only payable if you appeal to the Appeals Committee. The costs of your own legal assistance are added on top of this.

Is the Kifid ruling binding?

That depends on your choice beforehand. With binding advice, you are bound by the outcome and recourse to the court is, in principle, excluded. With non-binding advice, you retain the option to still go to the civil court.

Do I need a lawyer at Kifid?

Hiring a lawyer is not mandatory, but is often advisable given the legal clout of insurers. Our lawyers and legal experts assist you at every stage.