Anyone who suffers personal injury will almost always come into contact with an insurer. That can be an intensive and lengthy process. Precisely for that reason the Code of Conduct for the handling of personal injury exists, also abbreviated as GBL. This code of conduct is intended to ensure that victims are treated carefully, respectfully and promptly.
Nevertheless, many victims experience frustration, delay and lack of clarity in practice. In this article we therefore explain in detail what the Code of Conduct for the handling of personal injury entails, what obligations insurers have and what you can do if those rules are not complied with.
What is the Code of Conduct for the handling of personal injury?
The Code of Conduct for the handling of personal injury is a code of conduct that contains agreements about the way personal injury cases should be handled. The code was drawn up to strengthen the position of the victim and to ensure a fair and transparent claims handling.
The code applies to insurers that are affiliated with the Dutch Association of Insurers, but in practice it is also applied more broadly. Although the GBL is not a law, it is regarded as an important standard for careful conduct.
Why does the Code of Conduct for the handling of personal injury exist?
Personal injury cases differ fundamentally from ordinary damage claims. Victims often suffer physical and psychological complaints, loss of income and uncertainty about the future. Therefore a careful approach is essential.
The Code of Conduct for the handling of personal injury aims to:
- put the victim at the centre;
- prevent unnecessary delay;
- promote clear communication;
- reduce the power imbalance between victim and insurer.
Who does the Code of Conduct for the handling of personal injury apply to?
The code applies to insurers that handle personal injury claims. In practice this means that as a victim you may expect your case to be handled according to these standards when you deal with an insurer.
Representatives, such as lawyers and experts, also align their working methods with the principles of the GBL.
The main principles of the GBL
The Code of Conduct for the handling of personal injury contains several core principles. Below we explain the most important ones.
The victim is central
According to the GBL the insurer must take into account the personal situation of the victim. That means that not only legal, but also human aspects play a role.
Open and honest communication
The insurer must communicate clearly about the state of affairs, expectations and next steps. Unnecessary vagueness or evasive behaviour is not in keeping with the code of conduct.
Prompt claims handling
An important principle of the Code of Conduct for the handling of personal injury is that delay should be avoided as much as possible. The insurer must actively cooperate in a quick settlement.
Respectful treatment
The victim must feel taken seriously. The code of conduct obliges insurers to a respectful and empathetic attitude.
Timeframes and progress according to the GBL
The code contains guidelines for timeframes within which insurers must respond. For example, the insurer must:
- assess liability within a reasonable timeframe;
- provide regular progress updates;
- respond in a timely manner to requests for information.
Prolonged standstill without explanation is contrary to the Code of Conduct for the handling of personal injury.
Medical information and privacy
Medical information plays a major role in personal injury cases. The GBL prescribes that insurers must handle medical data carefully.
This means, among other things, that:
- only relevant medical information is requested;
- the victim’s privacy is respected;
- medical data are not shared unnecessarily.
Advance payments according to the Code of Conduct for the handling of personal injury
When liability is established, the insurer must, according to the GBL, be willing to pay advances. That prevents victims from getting into financial trouble while the case is still ongoing.
Advances can relate to:
- loss of income;
- medical costs;
- ongoing necessary expenses.
What if the insurer does not comply with the GBL?
In practice it occurs that insurers do not (fully) comply with the Code of Conduct for the handling of personal injury. Think of:
- prolonged delays without explanation;
- ongoing disputes about liability;
- insufficient communication;
- refusal of reasonable advances.
In such cases you are not powerless.
Consequences of violating the code of conduct
Although the GBL is not a law, violations can indeed have consequences. Judges and dispute resolution bodies take the code of conduct into account when assessing whether an insurer has acted carefully.
In addition, non-compliance can lead to:
- criticism in proceedings;
- pressure on the insurer to make progress;
- a stronger position for the victim.
What can you do yourself if you have problems with the insurer?
If you notice that the Code of Conduct for the handling of personal injury is not being complied with, it is important to take action.
You can, among other things:
- point out the code of conduct to the insurer in writing;
- request a concrete action plan;
- engage legal assistance;
- file a formal complaint.
You can also read more general information about your rights on our page personal injury lawyer.
The role of a lawyer in relation to the GBL
A lawyer can play an important role in enforcing compliance with the Code of Conduct for the handling of personal injury. Insurers often take matters more seriously when a legal professional is involved.
Moreover, a lawyer ensures that timeframes are monitored and that your interests remain central.
Frequently asked questions about the Code of Conduct for the handling of personal injury
Is the GBL legally mandatory?
No, the code of conduct is not a law. Nevertheless it is regarded as an important standard within personal injury practice.
Can I rely on the GBL?
Yes. You can explicitly call on an insurer to comply with the Code of Conduct for the handling of personal injury.
What if the insurer keeps stalling?
In that case legal assistance is often necessary to exert pressure and force progress.
Will legal help cost me money?
In personal injury cases the costs of legal assistance are in most cases recovered from the liable party or their insurer. As a result, as a victim you generally do not bear a financial risk.
Why choose Arslan Advocaten?
We have extensive experience with personal injury cases in which the Code of Conduct for the handling of personal injury plays an important role. We know when insurers go too far and how compliance with the code of conduct can be enforced.
In addition, we communicate clearly, act promptly and always stand by the side of the victim.
Would you like to know whether the insurer in your case complies with the code of conduct? Please feel free to contact us for a non-binding assessment.
Read also
- Holding someone liable for personal injury
- Falling from height: the most common workplace accident
- Whiplash after a car accident: symptoms, liability and compensation
Timeframes in the personal injury process
| Phase | Timeframe (GBL standard) | Explanation |
|---|---|---|
| Response to notification of liability | 14 days | Insurer must acknowledge receipt |
| Liability determination | 3 months | After receipt of all necessary information |
| First advance after acknowledgment | 14 days | After liability is acknowledged |
| Subsequent advances | Every 3–6 months | Based on interim statement of losses |
| Response to claim/proposal | 6 weeks | After receipt of a substantiated statement of losses |
| Requesting medical advice | 6 weeks | After application to a medical advisor |
| Total processing time (average) | 1–3 years | Depending on complexity and final medical condition |
| Limitation period | 5 years | From the moment that damage and the liable party are known (art. 3:310 BW) |
Source: Code of Conduct for the Handling of Personal Injury (GBL). If these timeframes are exceeded, your lawyer can put the insurer in default.