Extrajudicial costs (BGK) are expenses you incur to get your damage compensated, such as costs for a lawyer or medical examination. These costs are usually borne by the liable party.
Definition of Extrajudicial Costs
BGK include all necessary costs incurred to establish damage and liability and to reach a solution out of court:
- Costs for a personal injury lawyer or advisor
- Expenses for a medical specialist
- Costs for expert reports and investigations
- Administrative overhead
- Costs for obtaining documents
Criteria for Reimbursement: Double Reasonableness Test
To have BGK reimbursed, they must satisfy the double reasonableness test:
- Incurment of the costs was necessary
- The amount of the costs is appropriate and not too high
Indication of Hourly Rates
| Professional | Average hourly rate |
|---|---|
| Personal injury lawyer | € 200 - € 350 |
| Personal injury jurist (not a lawyer) | € 150 - € 250 |
| Medical expert | € 150 - € 250 |
| Labour specialist | € 150 - € 200 |
PIV Scale Guideline
Many insurers use the PIV scale as the standard for determining reasonable BGK. This scale relates the amount of the costs to the extent of the damage. In complex cases, deviation from this is possible.
Problems with BGK Reimbursement
If an insurer does not want to pay all BGK:
- Explain why the costs were essential and reasonable
- Emphasize the complexity of your case
- Have a judge rule if necessary
No Cure No Pay in Personal Injury Cases
In the Netherlands, lawyers may not work on a no cure no pay basis. Some personal injury agencies do offer this. Be cautious and check the terms and conditions and any additional costs.
Do I have to pay lawyer fees myself?
This depends on your representative. Some only bill the insurer, others ask for an advance. With legal expenses insurance, costs are often covered.What if the insurer reimburses less BGK?
Your advisor can object and demonstrate that the costs were justified. If no agreement is reached, the judge can decide. You may risk paying a portion yourself.Are there limits for BGK?
There are no fixed maxima, but insurers assess reasonableness. If BGK are disproportionately high in relation to the damage, this can lead to dispute. The PIV scale provides an indication.Frequently Asked Questions about BGK in Rijswijk
When are BGK reimbursed?
BGK are reimbursed if they were necessary to determine your damage and the liable party is responsible. Insurers look at reasonableness and necessity via the double reasonableness test. Think of costs for lawyers or medical reports, provided they are in proportion to the damage. Ensure clear substantiation.
What are the rates for personal injury experts?
Hourly rates vary: a personal injury lawyer often costs € 200 to € 350 per hour, a medical advisor € 150 to € 250. These amounts depend on experience and case complexity. Insurers check if rates are reasonable. Always ask for written confirmation of the rate.
What does the PIV scale entail?
The PIV scale is a tool used by insurers to determine BGK, based on the amount of damage. For damage of € 10,000, different limits apply than for € 100,000. In complex cases, deviation is possible with good argumentation. Ask your advisor for explanation.
May personal injury agencies use no cure no pay?
Lawyers may not do this in the Netherlands, but some agencies may. Pay attention to strict conditions and high costs in case of success. Compare options and consider a fixed rate. Check if costs fall under BGK.
What to do in case of disagreement with the insurer over BGK?
In case of rejection or reduction of BGK, you can file an objection. Your advisor must explain why the costs were necessary, for example due to case complexity. If no solution is reached, the judge can decide.
Relevant Institutions in Rijswijk:
- Court: District Court of The Hague (district)
- Juridisch Loket: Juridisch Loket Rijswijk