De Letselschade Raad (The Personal Injury Council) plays a central role within the Dutch personal injury practice. Victims, insurers, and representatives regularly deal with codes of conduct drawn up by De Letselschade Raad. Yet there is much unclarity about what exactly these rules mean and, more importantly, what your rights are if insurers hide behind these codes.
In this article, we explain in detail what De Letselschade Raad is, which codes of conduct apply, and how they work in practice. In addition, we make clear where codes of conduct end and where legal enforcement begins. Exactly there often lies the difference.
What is De Letselschade Raad?
De Letselschade Raad is a partnership of parties active within the personal injury sector. Think of insurers, representatives, lawyers, medical advisors, and experts.
The goal of De Letselschade Raad is to improve the quality and care of the settlement of personal injury cases. This is mainly done by drawing up codes of conduct and guidelines.
Which codes of conduct come from De Letselschade Raad?
The best-known code of conduct is the Gedragscode Behandeling Letselschade (GBL, Code of Conduct for the Treatment of Personal Injury). This code of conduct contains agreements on:
- communication between insurer and victim;
- response times;
- advances;
- careful claim settlement;
- transparency in the process.
In addition, there are guidelines on, among other things, medical expertises and calculation methods.
Is De Letselschade Raad legally required?
An important point: De Letselschade Raad is not a legislator. The codes of conduct are not laws. They are based on self-regulation within the sector.
This means that the rules are guiding, but do not form a free pass for insurers to deviate from civil liability law.
How do insurers use De Letselschade Raad in practice?
In practice, we see that insurers regularly rely on codes of conduct from De Letselschade Raad. For example, by stating that:
- terms are “still acceptable”;
- advances only need to be paid later;
- medical expertises must be awaited;
- discussions belong within the GBL.
This can lead to delay and frustration for victims.
Code of conduct ≠ legal boundary
A crucial distinction is that a code of conduct is never above the law. When an insurer acts contrary to its civil obligations, it cannot hide behind De Letselschade Raad.
Exactly on this point, we see that many representatives remain stuck in consultation structures, while legal steps are necessary.
Where other lawyers drop out
Many personal injury cases remain stuck for years in the context of the GBL. Terms are stretched, discussions keep coming back, and insurers keep control.
Where others accept this, we draw a clear line. If consultation yields no result, we switch gears.
Out of court if possible
We utilize the codes of conduct of De Letselschade Raad where they work to the victim’s advantage. A well-substantiated reference can sometimes effectively put pressure.
But we do not let a case get bogged down because an insurer continues to rely on “the GBL route”.
Litigate if necessary
When codes of conduct are abused to delay settlement, we litigate. Think of:
- partial dispute proceedings (deelgeschilprocedures) on liability or damages;
- proceedings on advances;
- preliminary expert reports (voorlopige deskundigenberichten);
- proceedings on the merits (bodemprocedures) in case of structural delay.
Exactly our litigation experience makes the difference in files that get stuck under the De Letselschade Raad umbrella.
De Letselschade Raad and medical causality
Also with medical causality, insurers often refer to guidelines of De Letselschade Raad. However, this does not relieve them of the duty to seriously and legally correctly assess complaints.
You can read more about this on our page medical causality in personal injury.
Codes of conduct and fraud allegations
In some files, codes of conduct are combined with fraud investigations. That is legally risky for victims.
We have extensive experience litigating against insurers in insurance law, exactly when clients are falsely accused of fraud. You can read more about this on our page fraud investigation in personal injury.
What does this mean in concrete terms for victims?
For victims, this means that:
- codes of conduct can be useful, but are not sacred;
- delay is not automatically acceptable;
- legal steps are sometimes necessary;
- willingness to litigate is essential.
Exactly that last step is often not taken.
Sector context
More background information on self-regulation and expertise within the personal injury sector can be found at the Dutch Association of Insurers (Verbond van Verzekeraars) and the NIVRE.
Does litigating cost me money?
In personal injury cases, the costs of legal assistance and proceedings are in most cases recovered from the liable insurer. Even when litigating outside the GBL structure.
Why choose Arslan Advocaten?
We know the rules of De Letselschade Raad. But more importantly: we know when those rules offer insufficient protection.
Where other lawyers and jurists remain stuck in consultation, we continue. Out of court if possible. Through the judge if necessary.
Is your personal injury case getting stuck under reference to De Letselschade Raad? Feel free to contact us for a substantive assessment.
Read also
- Demand an advance on compensation for personal injury
- Your Experienced Personal Injury Lawyer in Rotterdam: Arslan & Arslan Advocaten
- Medical error by the general practitioner: what are your rights?
Frequently asked questions
What is the role of De Letselschade Raad in personal injury cases?
De Letselschade Raad develops codes of conduct and guidelines to improve the quality and care of claim settlement. It is a partnership of parties in the sector, such as insurers and lawyers.
Are the codes of conduct of De Letselschade Raad legally required?
No, the codes of conduct are not laws and are based on self-regulation. They are intended as guidelines, but insurers cannot deviate from civil law based on these codes.
How can insurers rely on De Letselschade Raad in practice?
Insurers often use the codes of conduct to extend terms, postpone advances, or delay medical expertises. This can lead to delays and frustration for victims.
What should I do if an insurer hides behind the codes of conduct and does not respect my rights?
You can take legal action when the insurer acts contrary to civil law. It is wise to engage a specialized personal injury lawyer to protect your rights.
Need help? Our personal injury lawyer is ready for you. Contact us without obligation for a free initial consultation.