Do you disagree with your insurer’s damage assessment? A counter-expertise (contra-expertise) may then be relevant. With a counter-expertise you hire an expert yourself to reassess the damage, cause or repair costs. This can arise, for example, with fire, water or household contents damage, but also with other damage claims where you doubt a prior report.
A counter-expertise is not an automatic guarantee of a higher payout or reimbursement of all costs. The policy, the nature of the damage, the instructions to the expert and the reasonableness of the costs are important. In this article you will read which questions you can ask in advance and how to carefully build a file.
Short answer: first check the policy, the report and the costs
The first step is usually not litigation but getting an overview. Request the expert report or read it carefully. Note which points you disagree with. Also check what provision your policy contains regarding an independent expert or counter-expertise.
Article 7:959(1) of the Dutch Civil Code concerns reasonable costs of establishing the amount of insured damage. Do not assume that it also pays for an investigation into a disputed cause or whether the policy covers the event. Define the question for the expert, request a budget and clarify the basis for reimbursement before commissioning work.
| Question | Why this question helps |
|---|---|
| What exactly does the first expert report state? | You can see which damage, cause or cost item is in dispute. |
| What provision is in my policy? | Policy terms may explain how an independent expert or cost arrangement works. |
| What research question will the counter-expert receive? | A clear assignment prevents a report that fails to address your dispute. |
| What costs are expected? | You can assess in advance whether the assignment is proportional and defensible. |
| Which documents does the expert need? | You keep an overview of quotations, photos, correspondence and previous reports. |
What is the difference between an expertise and a counter-expertise?
An expertise is an expert’s assessment of damage or cause. In an insurance file an insurer can engage its own expert. A counter-expertise is an assessment by an expert you engage yourself when you see reasons to have the first assessment reviewed critically.
A second report is not necessarily intended only to request a higher amount. It can also help to better formulate questions about the cause of the damage, repair method, valuation or extent of the damage. The value of a counter-expertise depends on the quality of the assignment, the data used and the explanation in the report.
Who pays the costs of a counter-expertise?
The law mentions reasonable costs for determining damage. In article 7:959 paragraph 1 of the Burgerlijk Wetboek (Civil Code) it states that these costs are borne by the insurer, even if the insured sum would be exceeded by the compensation and those costs.
That does not mean every invoice will automatically be reimbursed. For a concrete counter-expertise, among other things the necessity of the investigation, the content of the assignment, the amount of the costs, the damage and the policy terms can be relevant. Therefore discuss the costs in advance with the expert and inform the insurer in writing about your steps.
For a natural person who has taken out insurance outside a profession or business, article 7:963 paragraph 6 of the Burgerlijk Wetboek (Civil Code) contains a specific limitation on the possibility to deviate to the detriment of the policyholder or insured from article 7:959 paragraph 1. That provision is technical and depends on the insured sum. If in doubt, have the policy and the concrete cost arrangement reviewed.
Does the dispute concern the amount of damage or insurance cover?
Separate the repair bill or valuation from the question of what caused the damage. In Kifid decision 2025-0833, paragraph 3.6, the dispute concerned the cause of damage. Article 7:959(1) did not entitle that consumer to an insurer-funded second investigation into the cause. Check whether the policy, a written commitment or another legal basis provides reimbursement in your case.
For consumer insurance, a fixed cap or the price paid to the insurer’s own expert does not by itself determine what is reasonable. Ask the insurer to explain any objection to the proposed work or fee. Unnecessary work and excessive charges are not automatically reimbursable. See Kifid’s explanation of expert costs (in Dutch).
Practical steps if you doubt an expert report
1. Request the report and read the substantiation
Request a copy of the report if you do not yet have one. Do not look only at the final amount, but also at the assumptions. Which damage is included and which is not? Which photos, quotations or statements were used? Is the cause of the damage discussed?
2. Record your questions in writing
Calmly describe which parts you believe are incorrect or unclear. Where possible, add documents such as quotations, photos from before and after the incident, proof of purchase or correspondence. A concrete question usually yields more than simply stating that you disagree with the outcome.
3. Check your policy terms
Search the policy for provisions on damage assessment, experts, independent experts, costs and disputes. The wording may vary per insurance. Do not rely solely on a general explanation on the internet; the policy and the circumstances of your claim remain important.
4. Determine the assignment for your own expert
If you engage a counter-expert, ensure a focused assignment. For example, specify which cost items, repair costs or causation questions should be investigated. Also discuss the rate, the budget and the manner in which the expert will report.
5. Inform the insurer and keep all documents
Notify in writing that you are considering or have engaged your own expert. Keep the assignment confirmation, cost estimate, invoices, reports and correspondence. That helps if you later discuss the content or costs of the expertise with the insurer.
What if the insurer disagrees with your counter-expertise?
A difference between two reports does not automatically mean one report will be disregarded. First discuss which points differ on the merits and which additional information is needed. Sometimes further clarification or a joint meeting between experts is useful. Which route is appropriate depends on your policy, the magnitude of the dispute and the available documents.
If you cannot resolve it with the insurer, you can first follow the internal complaints procedure. For many financial complaints Kifid may be a possible route afterwards. Kifid does not handle every complaint. Therefore check the current Kifid quick test and the applicable rules before submitting a complaint.
A court procedure may be appropriate in some files. In ongoing proceedings a court can under certain circumstances appoint an expert. That is not a standard step for every disagreement about an expert report. Have the necessity and consequences assessed in your own file before starting proceedings.
Counter-expertise in the case of a rejected claim
A counter-expertise can be particularly relevant when an insurer rejects a claim or assesses damage at a lower amount and the report plays an important role. That is not the same as every dispute with an insurer. Sometimes the main problem lies in the scope of cover, an exclusion, a late notification or insufficient evidence. A technical report does not always solve the core of the dispute.
Also read: Rejection of damage by insurer: what can you do? and Claim rejected after damage investigation: what now?.
Frequently asked questions
Can I choose a counter-expert myself?
You can consider hiring your own expert, but check the policy, the assignment and the cost arrangement in advance. The consequences of a choice differ per insurance and file.
Does the insurer have to give permission in advance?
Do not assume one general rule. Consult the policy and inform the insurer in writing. If you engage an expert, a clear assignment and cost agreement are important.
Does the insurer reimburse all costs?
No. Article 7:959 BW concerns reasonable costs of establishing the amount of covered damage. An investigation into a disputed cause or coverage does not automatically fall within that rule. Have the legal basis, assignment and budget assessed first. A consumer’s statutory protection cannot simply be restricted by a policy term.
Is Kifid always the next step?
No. Kifid can help in many cases with financial complaints, but not every complaint falls under that route. You must first submit your complaint in writing to the financial service provider and check the current Kifid rules.
Official sources
- Burgerlijk Wetboek Boek 7, artikel 959
- Burgerlijk Wetboek Boek 7, artikel 963
- Kifid — A financial complaint? Kifid can help in many cases
- Kifid — Can Kifid handle my complaint?
Sample request about an independent assessment
Adapt this wording to your policy and documents. It is a request for clarification, not a procedural document, and it does not extend any applicable deadline.
Subject: claim [number] — proposed independent assessment
I disagree with [specific passage] in the report dated [date], because [reason and supporting document]. I intend to ask [expert] to examine [precise question]. The attached budget is [amount including VAT]. The proposed work concerns [the amount of damage / the cause or coverage / both, with separate tasks].
Please confirm your position on reimbursement and explain any objection to the work or budget. Please also send the complete report, annexes and applicable expert-assessment terms. I would appreciate a written response by [reasonable date].
Agree with your expert who pays if the insurer refuses reimbursement. For technical evidence in an injury claim, see our eight questions about a delta-v report.
Need help?
Do you doubt an expert report or want to discuss which documents are relevant for your insurance file? Contact Arslan Advocaten. We can discuss with you which information and next steps in your situation require attention.
