Extrajudicial Costs Reimbursement Den Haag
In Den Haag, as a victim of personal injury, you can claim compensation for costs incurred to recover damages without immediately initiating proceedings at the District Court of The Hague. This often covers expenses for legal assistance, medical reports, and administration in personal injury cases. This ensures Den Haag residents are not financially disadvantaged when enforcing their rights.
Definition and Explanation of Extrajudicial Costs Reimbursement in Den Haag
In personal injury cases in Den Haag, extrajudicial costs (BGK) encompass all reasonable and essential expenses incurred by the victim to recover damages from the liable party, without involving the District Court of The Hague. This reimbursement prevents you from bearing the collection costs yourself. This article provides an in-depth look at BGK for Den Haag residents, building on our overview of Extrajudicial Costs (BGK).
Typically covered are attorney fees, medical invoices, travel expenses for appointments in the area, and administrative tasks. It restores you to your original position, including collection costs. Without this, personal injury compensation would be out of reach for many Den Haag residents, particularly given the city's busy traffic conditions.
Legal Basis
The foundation for BGK reimbursement is laid down in the Dutch Civil Code (DCC). Article 6:96 DCC mandates compensation for all damage resulting from a tort, including costs to limit or recover that damage.
There is no statutory fixed rate for personal injury, but the Supreme Court has ruled in cases such as ECLI:NL:HR:2002:AE6093 (Mulder case) that BGK are fully reimbursable if they are necessary and reasonable. The De Letselschade Raad (DLR) Guidelines on Reimbursement of Extrajudicial Costs provide benchmarks: since 2017, forfaitary rates such as €65 per hour for intake, increasing to €90+ for complex phases in Den Haag cases.
For incapacity to work (WIA/Sickness Benefits Act), Article 7:658 DCC applies, and for traffic accidents, the Motor Vehicle Liability Insurance Act (WAM) via motor liability insurance. Disputes on this are frequently handled at the District Court of The Hague.
Rights and Obligations of Victims in Den Haag
As a Den Haag resident, you are entitled to full BGK reimbursement if reasonable and necessary, supported by evidence linking them to the damage. Insurers cannot impose a unilateral cap; in disputes, the District Court of The Hague decides equitably.
Obligations: retain invoices and receipts, and avoid unnecessary expenses. Disproportionate costs, such as an overly expensive expert, may be rejected.
- Right to transparency: Demand a breakdown of reimbursements.
- Obligation of reasonableness: Use market-conform rates; attorney fees above €250/hour must be justified.
- Right to advance payment: Request an advance in cases of urgent need, via the Juridisch Loket Den Haag for free advice.
Practical Examples from Den Haag
Example: You are injured in a bike accident on the Haagse Zeestraat and hire a personal injury attorney. 20 hours at €200/hour for negotiations with the insurer, plus €500 for a medical report: total €4,500 in BGK. Upon a €50,000 settlement, this is fully reimbursed.
In a workplace accident with rehabilitation in Den Haag: €1,200 for physiotherapy reports and €800 in travel costs to city clinics. DLR forfaitary rates (25% of damage) apply, or table calculations.
| Settlement Phase | Forfaitary Rate (DLR) | Hourly Rate Example |
|---|---|---|
| Intake and investigation | €65/hour | €1,950 (30 hours) |
| Negotiations | €90/hour | €4,500 (50 hours) |
| Final phase (settlement) | €110/hour | €2,200 (20 hours) |
In complex whiplash cases in Den Haag, BGK can amount to €20,000; keep a diary and consult the Juridisch Loket Den Haag.
Frequently Asked Questions
Can you claim BGK without an attorney in Den Haag?
Yes, you can claim for GP statements or travel costs yourself. However, without an expert, you risk undervaluation. Engage a lawyer via the Juridisch Loket Den Haag; see Choosing a Personal Injury Attorney.
What if the insurer refuses BGK?
Send a notice of default and threaten proceedings at the District Court of The Hague. Under Article 6:96 DCC, you can go to court for equitable reimbursement, with support from the Juridisch Loket Den Haag.