Extrajudicial Costs Reimbursement in Amsterdam
In Amsterdam, where traffic accidents involving bicycles and trams are common, extrajudicial costs reimbursement refers to compensation for expenses incurred by injury victims to pursue their claims without immediately starting proceedings at the District Court of Amsterdam. This typically covers legal assistance, medical reports, and administrative costs in personal injury cases, ensuring Amsterdammers are not financially burdened when asserting their rights.
Definition and Explanation of Extrajudicial Costs Reimbursement
In personal injury cases in the Amsterdam area, extrajudicial costs (BGK) include all reasonable and essential expenses a victim incurs to recover damages from the liable party without court involvement. This reimbursement ensures victims do not bear these costs out of pocket. This article provides in-depth information on BGK for Amsterdam residents, building on our overview of Extrajudicial Costs (BGK).
Typically covered are attorney fees, medical bills, travel expenses for city consultations, and administrative tasks. It restores the victim to their pre-incident position, including collection costs. Without it, pursuing personal injury claims in a bustling city like Amsterdam would often be unaffordable.
Legal Basis
The foundation for BGK reimbursement is in the Dutch Civil Code (DCC). Article 6:96 DCC mandates compensation for all tort damages, including costs to mitigate harm. Disputes in Amsterdam are handled by the District Court of Amsterdam.
For personal injury claims, no statutory rate applies, but the Supreme Court (e.g., ECLI:NL:HR:2002:AE6093, Mulder case) affirms full reimbursement of necessary BGK. The Personal Injury Council (DLR) Guidelines provide benchmarks: since 2017, fixed rates such as €65/hour for intake, increasing to €90+ for complex matters. In disability cases, Article 7:658 DCC applies additionally, while traffic accidents fall under the WAM via liability insurance.
Rights and Obligations of Victims in Amsterdam
As a victim in Amsterdam, you are entitled to full BGK reimbursement if reasonable and necessary, supported by evidence linking costs to the injury. Insurers cannot impose unilateral caps; disputes are resolved by the District Court of Amsterdam. Contact the Legal Aid Desk Amsterdam for free advice.
Obligations: Retain invoices and receipts, 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-rate fees; rates above €250/hour for attorneys require justification.
- Right to advance payment: Advance on BGK in urgent cases.
Practical Examples from Amsterdam
Example: In a bicycle accident on the Dam, a lawyer is hired for 20 hours at €200/hour negotiating with the insurer, plus a €500 medical report. Total €4,500 in BGK for a €50,000 settlement – fully reimbursed if necessary.
Another case: For a workplace accident, claim €1,200 for rehabilitation reports and €800 travel to specialists in Amsterdam Zuid. DLR fixed rates (25% of damages) or table calculations apply.
| Settlement Stage | Fixed Rate (DLR) | Hourly Rate Example |
|---|---|---|
| Intake and investigation | €65/hour | €1,950 (30 hours) |
| Negotiations | €90/hour | €4,500 (50 hours) |
| Final stage (settlement) | €110/hour | €2,200 (20 hours) |
For whiplash from a tram accident in Amsterdam Oost, BGK can reach €20,000; keep a diary.
Frequently Asked Questions
Can you claim BGK without a lawyer?
Yes, claim yourself for GP statements or tram travel costs. But without assistance, you risk undervaluation. Engage a lawyer via the Legal Aid Desk Amsterdam; see Choosing a Personal Injury Lawyer.
What if the insurer refuses BGK?
Send a notice of default and threaten proceedings. Under Article 6:96 DCC, you can approach the District Court of Amsterdam for fair reimbursement.