Costs
What does a counter-expert cost? In almost all cases: nothing.
A counter-expert is your own loss adjuster, working for you the insured. The reasonable costs are reimbursed by your insurer β this is enshrined in article 7:959 of the Dutch Civil Code. You pay virtually nothing out of pocket.
The short answer
Your insurer pays the reasonable costs of your counter-expert. This applies in almost all cases β laid down in article 7:959(1) of the Dutch Civil Code. Insurers cannot deviate from this through policy conditions.
“The insurer must reimburse the reasonable costs incurred by an insured for a counter-expertise.”
“Insurers cannot simply refuse reimbursement for a counter-expert.”
The legal basis
Article 7:959(1) Dutch Civil Code
The core of Dutch insurance law on counter-expertise: the costs of assessing the damage β to the extent reasonable β are borne by the insurer. This applies even if the eventual settlement is lower than you originally claimed; what matters is that you reasonably incurred costs to have the actual damage assessed.
Article 7:963 Dutch Civil Code (mandatory effect)
For natural persons (consumers) article 7:959 is mandatory law. An insurer cannot contract this right away through general terms and conditions. Policy clauses that limit the right β for example by capping reimbursement, or by requiring the counter-expert to be NIVRE-registered β frequently do not survive scrutiny by Kifid or the courts.
Case law
In the Court of The Hague, 29 July 2020 Achmea was ordered to drop its requirements on counter-experts β a ruling in which Krantz & Polak was a party. The Dutch Supreme Court confirmed this line on 28 January 2022 (ECLI:NL:HR:2022:81). Since then the position of consumers has been further reinforced.
Frequently asked questions about costs
What does a counter-expert cost?
In almost all cases nothing out of pocket. Your insurer pays the reasonable costs of the counter-expert under article 7:959(1) of the Dutch Civil Code. This is mandatory law β insurers cannot deviate from it through policy conditions.
What are 'reasonable costs'?
Costs proportionate to the complexity and scale of the claim. Kifid has held that insurers may not set a maximum in advance (not even equal to the cost of their own expert), may not require NIVRE membership, and may not exclude small claims from reimbursement.
Do I have to pay a deposit?
No. Krantz & Polak does not ask for an advance payment. We invoice your insurer directly, after the file is closed.
In which cases are the costs not reimbursed?
Only when the insurer disputes coverage itself (not the amount of the settlement). For example: you claim fire damage but the insurer argues the cause falls outside the policy. The coverage question must then first be resolved β often via Kifid or the courts β before counter-expertise costs are reimbursed.
May the insurer refuse to reimburse a counter-expert?
No. The Consumentenbond puts it this way: 'Insurers cannot simply refuse reimbursement for a counter-expert.' If the insurer does so anyway, you can recover the costs via Kifid or the civil courts. We assist you in this.
How do I know in advance what to expect in costs?
We agree with you in advance what work we will do and what we expect it to cost. Where in doubt we can submit a quotation to your insurer in advance for approval (a tip from Kifid itself).
Does this also apply to SMEs?
Article 7:959 of the Dutch Civil Code also applies to SMEs, but the mandatory effect (article 7:963) formally applies to natural persons. In practice insurers reimburse SME counter-expert costs via the same rules in the policy conditions. We assess this on a per-case basis.
Can I still engage a counter-expert after claim settlement?
Yes. According to the Consumentenbond you can still engage your own expert up to 3 years after claim settlement. Earlier is always better β evidence disappears, traces fade β but it is not hopeless afterwards.
Just had damage?
Call us or report your claim online. We usually respond within 24 hours.