Extrajudicial costs (BGK) comprise the expenses you incur to obtain compensation for damage, such as costs for a lawyer or medical reports. These costs are usually borne by the liable party.
Definition of Extrajudicial Costs
BGK are the reasonable costs incurred to establish damage and liability and to reach a solution outside of court. This includes, among other things:
- Costs for a personal injury expert or lawyer
- Expenses for a medical specialist
- Costs for expert reports and investigations
- Administrative overhead
- Costs for requesting documents
Criteria for Reimbursement: Double Reasonableness Test
For reimbursement of BGK, the double reasonableness test must be satisfied:
- Incurment of the costs was necessary and justified
- The amount of the costs is appropriate and not excessive
Indication of Hourly Rates
| Professional | Average hourly rate |
|---|---|
| Personal injury lawyer | € 200 - € 350 |
| Personal injury legal professional (not a lawyer) | € 150 - € 250 |
| Medical advisor | € 150 - € 250 |
| Vocational expert | € 150 - € 200 |
PIV Scale Guideline
Many insurers use the PIV scale as a benchmark for determining reasonable BGK. This scale relates the costs to the amount of the compensation. In complex cases, deviation from this may be made with proper justification.
Problems with BGK Reimbursement
If an insurer refuses to fully reimburse BGK, you can:
- Demonstrate that the costs were necessary and reasonable
- Emphasize the complexity of your case
- Have a judge decide on the legality of the costs
No Cure No Pay in Personal Injury Cases
In the Netherlands, lawyers may not work on a no cure no pay basis, but some personal injury agencies do offer this. Be cautious and carefully check the terms and conditions and any additional costs.
Do I have to pay lawyer's fees myself?
This depends on your legal representative. Some only invoice the insurer afterwards, others request an advance. With a legal expenses insurance, these 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 the dispute persists, a judge can rule. Keep in mind that you may have to pay a portion yourself.Are there limits for BGK?
There are no statutory caps, but insurers assess on reasonableness. If the BGK are disproportionately high in relation to the damage, this may lead to dispute. The PIV scale provides an indication.Questions about BGK in Zoetermeer
For legal support in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. Disputes about BGK fall under the District Court of The Hague (district).