In personal injury cases in Utrecht, the costs for legal assistance are often reimbursed by the liable party. This concerns extrajudicial costs (BGK), but the amount of this reimbursement frequently leads to disputes.
What falls under extrajudicial costs?
Extrajudicial costs are expenses incurred to obtain compensation without court intervention.
Elements of BGK
| Element | Examples |
|---|---|
| Legal assistance | Lawyer, personal injury specialist |
| Medical input | Medical expert, additional diagnosis |
| Expert reports | Vocational expert, financial analyst |
| Administrative tasks | Collecting documentation, communication |
Assessment via double reasonableness test
The reimbursement of BGK is tested using the double reasonableness test.
Key criteria
- 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 standard norms?
Hourly rates and cost structure
The level of hourly rates is often a source of discussion in Utrecht personal injury cases.
Standard rates
| Specialist | Average hourly rate | Remarks |
|---|---|---|
| Personal injury lawyer | €200 - €350 | Including overhead costs |
| Personal injury expert | €150 - €250 | Without lawyer authorization |
| Medical consultant | €150 - €200 | Specialized physician |
| Vocational specialist | €100 - €150 | Fixed price per report possible |
| Financial expert | €150 - €250 | For damage calculations |
PIV scale guideline
The Insurers' Personal Injury Institute (PIV) provides a scale as a guideline for BGK reimbursements, also in Utrecht.
PIV scale overview
| 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 |
Note: The PIV scale is not a binding rule. In complex cases in Utrecht, a higher reimbursement may be justified.
Common conflicts
In Utrecht, discussions about BGK often arise between victims and insurance companies.
Key points of contention
Costs per hour
Insurers sometimes find the hourly rates too high. Personal injury professionals, however, point to market-conform rates that are also recognized by Utrecht courts.
Number of billed hours
Insurers often dispute the number of hours. Practitioners argue that the case in Utrecht was complex enough to justify this.
Relevance of activities
Insurers doubt the necessity of certain tasks, such as in-depth investigations or additional medical advice.
Advice for victims in Utrecht
- Request a clear cost estimate in advance from your Utrecht representative.
- Ensure invoices are detailed and specify activities.
- Consider a firm in Utrecht that works on a 'no cure no pay' basis.
- Know that your advisor can recover the costs from the insurer.
- If the reimbursement is not full, this can be submitted to the District Court of Midden-Nederland in Utrecht.
No cure no pay in Utrecht
Many personal injury firms in Utrecht use a no cure no pay arrangement, where you pay nothing if the case is unsuccessful.
Different models
| Type | Explanation | Standard percentage |
|---|---|---|
| Pure no cure no pay | No costs in case of failure | 15-25% of the compensation |
| No cure less pay | Lower costs if no success | Varies |
| Hourly rate with success fee | Low rate plus bonus on success | 5-15% extra |
Important: In the Netherlands, including Utrecht, lawyers may only apply no cure no pay to a limited extent. Non-lawyers do not have this restriction.
Contact and support in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Disputes about BGK can be submitted to the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.