Extrajudicial costs (BGK) comprise the expenses you incur to obtain your compensation for damage, such as costs for legal assistance and medical reports. These costs are generally borne by the liable party.
Definition of Extrajudicial Costs
BGK are the reasonable expenses incurred to establish damage and liability and to reach a settlement outside of court. This may include, among other things:
- Costs for a personal injury expert or lawyer
- Expenses for a medical specialist
- Costs for independent investigations and expert opinions
- Administrative overhead
- Costs for obtaining relevant documents
Reasonableness Test for BGK
To have BGK reimbursed, they must satisfy a twofold reasonableness test:
- The incurrence of the costs was necessary and justified
- The amount of the costs is appropriate and not excessive
Indication of Rates
| Type of Service Provider | Average Hourly Rate |
|---|---|
| Personal injury lawyer | € 200 - € 350 |
| Personal injury legal professional (not a lawyer) | € 150 - € 250 |
| Medical consultant | € 150 - € 250 |
| Labour expert | € 150 - € 200 |
PIV Scale Guideline
Many insurers use the PIV scale as a benchmark for assessing BGK. This guideline relates the amount of the costs to the size of the compensation for damage. In complex cases, however, deviation from this scale is possible.
Dispute over BGK
If an insurer does not wish to reimburse all BGK, you can do the following:
- Explain why the costs were essential and reasonable
- Emphasise the complexity of your case
- Consider obtaining a judicial ruling on the reasonableness of the costs
No Cure No Pay in Personal Injury Cases
In the Netherlands, lawyers are not permitted to work on a no cure no pay basis. Some personal injury agencies do offer this option. Be cautious and read the terms and conditions carefully to avoid unexpected costs.
Do I have to pay legal costs myself?
This depends on your representative. Some only invoice the insurer, others request an advance. With legal expenses insurance, the costs are often covered directly.What if the insurer reimburses less BGK?
Your advisor can lodge a protest and explain why the costs are justified. If the dispute persists, a judge can rule. Bear in mind that you may have to pay a portion yourself.Are there limits for BGK?
There are no statutory limits, but insurers assess the costs for reasonableness. If the BGK are disproportionately high in relation to the damage, this may lead to dispute. The PIV scale provides an indication.Frequently Asked Questions about BGK in Westland
When are BGK reimbursed?
BGK are reimbursed if they were necessary to determine your damage and the liable party is responsible for it. Insurers check whether the costs are reasonable in terms of amount and necessity. Think of costs for legal assistance or medical reports, provided they are proportionate to the damage. Ensure clear substantiation.
What are the rates for personal injury experts?
Hourly rates vary: personal injury lawyers often charge € 200 to € 350 per hour, while medical advisors charge between € 150 and € 250. These amounts depend on experience and case complexity. Always ask for the costs in advance and have them recorded in writing.
What does the PIV scale entail?
The PIV scale is a tool that insurers use to determine BGK, based on the amount of the damage. For damage of € 10,000, the BGK limits are lower than for € 100,000. In complex cases, a deviation may be possible, provided it is well-motivated.
May personal injury agencies offer no cure no pay?
Lawyers in the Netherlands may not work on a no cure no pay basis, but some agencies do. Pay attention to the terms and conditions, as the costs can be high in case of success. Compare this with a fixed rate and check whether the costs are recognised as BGK.
What to do if BGK are not fully reimbursed?
In case of rejection or reduction of BGK by the insurer, you can file an objection. Your advisor must demonstrate that the costs were necessary, for example by emphasising the case complexity. If no agreement is reached, the court can decide.
Local Information:
- Court: District Court of The Hague (district)
- Legal Aid: Juridisch Loket Westland