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 typically borne by the liable party.
Definition of Extrajudicial Costs
BGK are the reasonable expenses incurred to establish the extent of the damage and liability, and to reach a settlement outside of court:
- Costs for a personal injury expert or legal advisor
- Expenses for a medical specialist
- Costs for expert reports and investigations
- Administrative overhead
- Costs for obtaining relevant documents
The Double Reasonableness Criteria
For reimbursement of BGK, the double reasonableness criteria must be met:
- Incurment of the costs was necessary and justified
- The amount of the costs is appropriate and not excessive
Standard Rates for Services
| Type of Service Provider | Average Hourly Rate |
|---|---|
| Personal injury lawyer | € 200 - € 350 |
| Personal injury jurist (not a lawyer) | € 150 - € 250 |
| Medical consultant | € 150 - € 250 |
| Labor expert | € 150 - € 200 |
PIV Scale Guideline
Many insurers use the PIV scale as a guideline for determining reasonable BGK. This scale relates the amount of the costs to the size of the compensation. In complex cases, however, deviation from this guideline is possible.
Disputes over BGK
If an insurer refuses to fully reimburse the BGK:
- Explain why the costs were essential and reasonable
- Emphasize the complexity of your situation
- Consider a judicial decision by the court as a solution
No Cure No Pay in Personal Injury Cases
In the Netherlands, lawyers are not permitted to work on a no cure no pay basis in personal injury cases. However, some personal injury agencies do offer this. Be cautious and carefully check the terms and conditions and associated costs.
Am I required to pay lawyer costs upfront?
This depends on your legal advisor. Some only invoice the insurer afterwards, while others request an advance. With legal expenses insurance, these costs are often covered.What if the insurer does not reimburse all BGK?
Your advisor can file an objection and demonstrate that the costs were justified. If no agreement is reached, a judge can rule. Bear in mind that you may have to pay a portion yourself.Are there limits for BGK?
There are no fixed statutory limits, but insurers assess based on reasonableness. If costs are extremely high in proportion to the damage, this may lead to dispute. The PIV scale provides an indication.Frequently Asked Questions about BGK in Leiden
When are my BGK reimbursed?
BGK are reimbursed if they were necessary to determine your damage and the liable party is responsible for it. Insurers assess the reasonableness and proportionality of the costs via the double reasonableness test. Ensure you can properly justify the costs.
What are the rates for personal injury experts in Leiden?
Hourly rates typically range between € 200 and € 350 for lawyers and € 150 to € 250 for medical advisors. These amounts depend on experience and case complexity. Always request written confirmation of the rate.
How does the PIV scale work for BGK?
The PIV scale is a tool used by insurers to link BGK to the amount of the damage. For higher compensation amounts, the BGK limits are more generous. In complex cases, deviation is possible with proper substantiation.
Can I enter into a no cure no pay agreement in Leiden?
Lawyers may not offer this, but some agencies in Leiden do. Pay attention to the fine print, as costs can be high in case of success. Consider whether a fixed rate might be more advantageous.
What to do in case of a dispute over BGK with the insurer?
If the insurer does not reimburse everything, your advisor can lodge an objection and justify the costs. In case of persistent conflict, the matter can be submitted to the District Court of The Hague, Leiden location.
Relevant Institutions in Leiden:
- District Court of The Hague, Leiden Location
- Legal Counter Leiden, Stationsweg 46