In personal injury cases in Rijswijk, the costs for legal assistance fall under the responsibility of the liable party. These are called extrajudicial costs (BGK). Determining an appropriate reimbursement often leads to disputes.
Definition of Extrajudicial Costs
Extrajudicial costs include the expenses incurred to obtain compensation without the intervention of a court.
Elements of BGK
| Element | Examples |
|---|---|
| Legal assistance | Lawyer, personal injury specialist |
| Medical expertise | Medical advisor, additional diagnosis |
| Expert reports | Vocational expert, financial expert |
| Administrative tasks | Collecting documentation, communication |
Assessment via Double Reasonableness Test
The reimbursement for BGK is tested using the double reasonableness test.
Key Questions
- Were the costs necessary? Were the performed tasks essential and appropriate to the nature of the case?
- Is the amount reasonable? Do the rates and hours worked align with market standards?
Hourly Rates and Costs
The level of the rates is often a source of disagreement.
Standard Rates
| Professional | Average hourly rate | Remarks |
|---|---|---|
| Personal injury lawyer | €200 - €350 | Including overhead costs |
| Personal injury jurist | €150 - €250 | Without lawyer's authority |
| Medical advisor | €150 - €200 | Specialized physician |
| Vocational expert | €100 - €150 | Fixed price per report possible |
| Financial expert | €150 - €250 | For damage calculations |
PIV Scale Guideline
The Personal Injury Institute of Insurers (PIV) provides a scale as a guideline for BGK reimbursements.
Overview of PIV Scale
| Damage amount | BGK Percentage | Maximum amount |
|---|---|---|
| €0 - €5,000 | 25% | €1,250 |
| €5,000 - €10,000 | 20% | +€1,000 |
| €10,000 - €20,000 | 15% | +€1,500 |
| €20,000 - €50,000 | 10% | +€3,000 |
| €50,000 - €100,000 | 8% | +€4,000 |
| > €100,000 | 5% | Decreasing percentage |
Important note: The PIV scale is an indication, not a binding rule. In complex cases, higher costs may be justified.
Common Conflicts
Disputes often arise between victims and insurers regarding BGK.
Key Discussion Points
Rate height
Insurers sometimes consider the hourly rates excessive. Lawyers and personal injury experts, however, point to common market prices that are also recognized by courts.
Number of hours worked
Insurers claim that too much time was spent. Personal injury handlers emphasize that the complexity of the case required it.
Necessity of tasks
Insurers question whether certain activities were necessary, such as extensive analyses or additional medical advice.
Advice for Victims in Rijswijk
- Request a clear cost estimate in advance.
- Ensure a detailed invoice of the work performed.
- Consider a firm that works on a 'no cure no pay' basis.
- Know that your representative can recover costs from the insurer.
- In case of disagreement over reimbursement, the matter can be submitted to the District Court of The Hague.
No Cure No Pay in Rijswijk
Many personal injury firms in Rijswijk use a no cure no pay arrangement, where you pay nothing if the case is unsuccessful.
Different Models
| Type | Explanation | Common percentage |
|---|---|---|
| Pure no cure no pay | No costs if no success | 15-25% of the compensation |
| No cure less pay | Lower costs if no result | Varies |
| Hourly rate with success fee | Lower rate plus bonus on success | 5-15% extra |
Note: In the Netherlands, lawyers may only work on a limited no cure no pay basis, while non-lawyers have more freedom.
Contact and Assistance in Rijswijk
For legal support, you can go to the Juridisch Loket Rijswijk. Additionally, cases in this region fall under the District Court of The Hague.