Do you believe an expert report is incorrect or not sufficiently independent? Specify which facts, method or conclusions you dispute. The mere fact that the insurer pays the expert does not automatically make the report worthless. Conversely, you do not have to accept a report without question simply because its author is called an expert.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
Who gave the instructions?
A unilateral party report, a jointly appointed expert and a court-appointed expert each have a different standing. Check how the appointment came about and what was agreed about the significance of the report. In a joint investigation, it may be more difficult to distance yourself from the outcome without serious objections.
Ask about any prior involvement, relevant interests and the expert’s expertise for the question under investigation. A doctor, an occupational expert, a vehicle expert and a financial expert answer different questions. A report becomes vulnerable when conclusions are drawn outside the author’s own field.
Check the starting points
Look at which documents were used and whether relevant information is missing. A wrong occupation, an incorrect accident date or an incomplete medical history can affect the outcome. Ask which assumptions were made and whether the conclusion changes if those assumptions are wrong.
Draw up an overview for each objection: the passage, the factual error, the evidence and the desired correction or additional question. A substantive overview works better than a general accusation of bias. Where necessary, have your own medical adviser formulate the medical objections.
Responding to a draft
A draft stage may be intended for comments and questions. Use that opportunity carefully and within the agreed time limit. The right to point out factual inaccuracies is not the same as the right to change an unfavourable professional conclusion to suit your wishes.
In medical assessments, special rights and procedural arrangements may apply, including, in certain situations, a right of inspection and a right to block the report. Have their applicability and consequences assessed before you block a report. Blocking may affect your position on evidence and is not a simple way to make an unfavourable outcome disappear.
Additional questions or a new investigation
Sometimes an additional answer resolves an ambiguity. In other cases, a different expert is needed. First define which problem the new investigation should solve. A second report without targeted questions may mainly produce extra costs and contradictions.
A court-ordered expert investigation may be considered if negotiations reach a deadlock. The court assesses the conditions and the usefulness of the request. The information from the Dutch judiciary (Rechtspraak) on personal injury describes the various procedural routes.
Frequently asked questions
Is an insurer’s expert always biased?
No. The instructing party, interests, method and content must be assessed specifically.
May I have errors in a draft corrected?
Use the agreed response procedure to raise factual errors and targeted questions. You do not determine the final professional conclusion yourself.
Who pays for a second opinion by another expert?
That depends on the legal basis, necessity, reasonableness and any agreements made. Arrange this in advance where possible.
Can Arslan assess a report?
We can assess the legal significance and the procedure and, where necessary, involve the appropriate specialist expert.
Read more about medical data and court-ordered expert investigations.
Find out which objections to your expert report are legally and substantively relevant.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
