What does a counter-expert do?

A counter-expert — also known as your own loss adjuster or claims coach — is an independent specialist who represents your interests in an insured loss. He or she stands opposite the insurer’s expert. Not in the sense of confrontation, but in the sense of a second, independent assessment of what actually happened and what you should reasonably be paid.

In the Netherlands this role is anchored in statute, in article 7:959 of the Dutch Civil Code: an insured person has the right, in the event of a loss, to engage their own expert, and the reasonable costs are payable by the insurer.

When to engage a counter-expert

Not for every minor incident — for a broken window or a stolen bicycle, negotiating with the insurer is rarely complex. It becomes worthwhile as soon as:

the damage is substantial (from around EUR 5,000 as a rule of thumb);
the insurer expresses doubts about your account;
the cause of the damage is unclear (for example in a fire or water claim);
the insurer invokes an exclusion or reduction you do not understand;
you are accused of intent, negligence or fraud;
you face discussions about underinsurance or actual cash value;
you have to deal with business interruption alongside property damage.

In such situations, the difference between having or not having independent advice is often the difference between a fair settlement and one that is too low.

What a counter-expert does in practice

1. Loss inspection

The counter-expert visits the site, surveys the damage systematically and documents everything with photographs, measurements and — where required — external specialists (valuers, restorers, technicians). He or she ensures the inspection is complete before any figure is put on the table.

2. Policy review

The policy conditions are examined closely. Which covers apply? Which exclusions are being invoked, and do they hold up legally? Which sub-limits are in force — and are they relevant in your case? The counter-expert knows the standard provisions and the discussions they typically give rise to with major insurers.

3. Independent investigation (where required)

For fire and water claims, a technical investigation into cause and origin is often required. The counter-expert carries out this investigation or has it carried out by an affiliated investigator. For fire, the NFPA 921 standard is used internationally; for water, the work consists of moisture measurements, trace examination and — in the case of a leak — often identification of the point of leakage.

4. Negotiations with the insurer

The counter-expert handles the substantive discussions with the insurer’s expert. Two specialists discussing what is reasonable is a far more balanced dialogue than one in which the insured stands alone opposite a professional.

5. Support through to settlement

Right up to the moment the final amount is in your account. This includes appraising interim proposals, monitoring temporary accommodation or business interruption components, and — if the matter cannot be resolved — advice on going to Kifid or the courts.

What does a counter-expert cost

Under article 7:959 of the Dutch Civil Code, the reasonable expertise costs of an insured person are payable by the insurer. In concrete terms: if you submit our reasonable costs to your insurer, the insurer reimburses them — on top of your claim amount, not as a deduction from it.

What is “reasonable” can be a matter of discussion — depending on the complexity of the loss and the time involved. In practice, the engagement of an independent counter-expert delivers a net improvement to your outcome in virtually all genuine cases, both financially and procedurally.

Independence: how does it actually work

A counter-expert is independent when he or she has no structural client relationship with insurers. Firms that work both for the insured and for insurers, or firms owned by an insurer, have by definition a potential conflict of interest.

Krantz & Polak acts solely for affected insureds — not for insurers. That position is not accidental; it is the essence of what independent counter-expertise means.

Are you entitled to free choice

Yes. Your insurer may not impose a particular counter-expert or register membership on you. In 2020 the Court of Appeal of The Hague expressly confirmed that a registration requirement (such as NIVRE registration) may not be used by insurers as a threshold — see our article Court of The Hague: Achmea must drop unlawful requirements imposed on counter-experts.