Extrajudicial Costs Reimbursement Rotterdam
In Rotterdam, as a victim of personal injury, you can claim compensation for costs incurred to recover damages without immediately initiating court proceedings. This often covers expenses for legal assistance, medical reports, and administration in personal injury cases. For Rotterdam residents, this is essential in the bustling port city, where traffic or workplace accidents are commonplace, ensuring you are not financially burdened when seeking justice.
What Are Extrajudicial Costs in Rotterdam?
In personal injury cases, extrajudicial costs (BGK) encompass all reasonable and essential expenses made by a Rotterdam resident to recover damages from the liable party without involving the court. This reimbursement prevents victims from bearing the collection costs themselves. This article builds on our overview of Extrajudicial Costs (BGK), with a focus on local relevance.
Typically covered: attorney fees, medical expert invoices, travel costs to consultations in Rotterdam-South or the port area, and office expenses. It restores you to your original position, including recovery costs. Without this, pursuing personal injury claims would be unaffordable for many port workers or cyclists in the Maasstad.
Legal Basis for Rotterdam Residents
The foundation for BGK reimbursement is found in the Dutch Civil Code (DCC). Article 6:96 DCC requires compensation for all damages resulting from a tort, including costs to mitigate or recover those damages.
For personal injury, there is no statutory fixed rate, but the Supreme Court (judgment ECLI:NL:HR:2002:AE6093, Mulder case) confirms full reimbursement of BGK if they are necessary and reasonable. The Personal Injury Council (DLR) Guidelines provide directives: since 2017, forfait rates such as €65/hour for intake, rising to €90+ for complex files. These are often applied by the Rotterdam District Court.
In disability cases (WIA/Sickness Benefits Act), Article 7:658 DCC supplements this, with employers required to reimburse costs. Traffic accidents in Rotterdam fall under the Motor Vehicle Liability Insurance Act (WAM), covered by liability insurance.
Rights and Obligations for Victims in Rotterdam
As a Rotterdam resident, you are entitled to full BGK reimbursement, provided it is reasonable and necessary in relation to the damage. The opposing party (usually the insurer) may not impose an arbitrary cap; in disputes, the Rotterdam District Court will award a fair amount.
Obligations: retain invoices and receipts, avoid unnecessary costs. Insurers may reject disproportionate claims, such as an overly expensive expert if an alternative via the Rotterdam Legal Aid Office would suffice.
- Transparency right: Demand a breakdown of reimbursements.
- Reasonableness: Market-conform rates; attorney fees above €250/hour must be justified.
- Advance payment right: Request an advance for ongoing cases.
Rotterdam Practice Examples
Example: You crash on the Erasmus Bridge and hire a personal injury lawyer. 20 hours at €200/hour for negotiations with the insurer, plus €500 medical report: total €4,500 BGK. Upon settlement of €50,000, this is reimbursed if necessary.
Another case: Workplace accident in the port with rehabilitation. €1,200 for physiotherapy reports and €800 travel costs to specialists in Rotterdam. DLR forfait (25% of damages) applies, or table calculation.
| Phase | DLR Forfait | Example (hours) |
|---|---|---|
| Intake & investigation | €65/hour | €1,950 (30h) |
| Negotiations | €90/hour | €4,500 (50h) |
| Settlement | €110/hour | €2,200 (20h) |
For whiplash with PTSD in a Rotterdam context: BGK up to €20,000, including psychologist expertise. Keep a diary.
Frequently Asked Questions for Rotterdam
Can you claim BGK without a lawyer in Rotterdam?
Yes, for GP statements or travel costs. But without an expert, you risk undervaluation. Contact the Rotterdam Legal Aid Office for advice; see Choosing a Personal Injury Lawyer.
What if the insurer refuses?
Send a notice of default and threaten proceedings at the Rotterdam District Court. Article 6:96 DCC protects you; the Legal Aid Office assists with next steps.