Ask a lawyer on the topic of Insurance law

Deadline for reporting a crime?

October 22, 2015 | 30,00 EUR | answered by Jan Wilking

How quickly must a robbery be reported to the police? In my case, my husband was attacked in the middle of the night in Frankfurt, but he traveled to Berlin early in the morning to not lose his train-bound ticket, and only went to the police in Berlin the following day, as his stepson could assist him with translation there. Both his previous experience with the police, when he reported his lost passport and no one spoke Spanish, as well as his experiences in his home country of Mexico, where filing a report can take many hours, led him to report the incident in Berlin. Additionally, a front tooth was knocked out during the robbery, which was an additional reason for him not to go out in public, but to go to the dentist first and then, with a complete set of teeth, to the police station.

A faster reporting of the incident would not necessarily have led to a quicker resolution of the crime, as both perpetrators escaped unidentified.

The home insurance company now wants to evade responsibility by citing the delayed report. How can this be refuted?

Jan Wilking

Dear inquirer,

Thank you for your inquiry, which I would like to answer taking into account your description and your efforts as follows:

In such a case, it is also regularly the policyholder's duty to immediately report the incident, as a delayed report usually complicates the investigation. However, the insurance company can only reduce the claim if the policyholder's behavior is deemed grossly negligent or intentional.

Therefore, you should also detail and provide evidence to the insurance company for the reasons for the delay that you mentioned in your inquiry, e.g. with a doctor's certificate, written confirmation from your stepson regarding the language difficulties/need for an interpreter, etc.

If the insurance company remains unwilling to cooperate, you should consult with a locally specialized lawyer in insurance law.

I hope I could assist you and remain

Yours sincerely