Extrajudicial costs (BGK) are expenses you incur to have your damages reimbursed, such as costs for legal assistance or medical reports. These costs are generally paid by the liable party.
Definition of Extrajudicial Costs
BGK include all necessary costs you incur to establish your damages and liability, without the need for court proceedings:
- Costs for a personal injury expert or legal advisor
- Expenses for medical assessments
- Costs for investigations by experts
- Administrative overhead
- Costs for obtaining relevant documents
Criteria for Reimbursement: Double Reasonableness Test
To have BGK reimbursed, they must satisfy the double reasonableness test:
- Incurment of the costs was justified (necessary)
- The amount of the costs is appropriate (not excessive)
Indication of Rates
| Professional | Average hourly rate |
|---|---|
| Personal injury lawyer | € 200 - € 350 per hour |
| Legal advisor (not a lawyer) | € 150 - € 250 per hour |
| Medical specialist | € 150 - € 250 per hour |
| Vocational expert | € 150 - € 200 per hour |
PIV Scale Guideline
Many insurers use the PIV scale as the standard for determining reasonable BGK. This guideline relates the amount of the costs to the size of the damages award. In complex cases, however, deviation from this standard is possible.
Problems with BGK Reimbursement
If an insurer does not want to pay all BGK, you can:
- Demonstrate that the costs were essential and reasonable
- Emphasize the complexity of your situation
- Have a court decide on the legality 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 in personal injury cases. Some personal injury agencies do offer this, but be alert to the conditions and additional costs.
Do I have to pay legal costs myself?
This depends on your representative. Some only bill the insurer afterwards, others request an advance. With legal expenses insurance, the costs are often covered.What if the insurer reimburses less BGK?
Your advisor can file an objection and explain why the costs are justified. If no agreement is reached, a court can rule. Bear in mind that you may have to pay a portion yourself.Is there a limit on BGK?
There are no fixed maxima, but insurers assess on reasonableness. If the BGK are disproportionately high in relation to the damages, this can lead to dispute. The PIV scale provides an indication.Frequently Asked Questions about BGK in Utrecht
When are BGK reimbursed?
BGK are reimbursed if they were necessary to determine your damages and the liable party is responsible for this. The insurer checks whether the costs were both necessary and reasonable. Ensure clear substantiation.
What are the rates for legal and medical assistance?
Hourly rates are generally 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.
What does the PIV scale entail?
The PIV scale is a tool used by insurers to assess BGK, based on the amount of the damages. In complex cases in Utrecht, deviation is possible if well-motivated.
Is no cure no pay permitted?
Lawyers in the Netherlands may not work on a no cure no pay basis, but some agencies in Utrecht do. Carefully check the conditions and compare with fixed rates.
What to do in a dispute over BGK?
If the insurer refuses reimbursement, your advisor can submit an objection with substantiation. If the conflict persists, the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht) can issue a ruling.
Contact in Utrecht:
- District Court of Midden-Nederland: Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht: Catharijnesingel 55