The Personal Injury Council (De Letselschade Raad) plays a central role within the Dutch personal injury practice. Victims, insurers, and representatives regularly deal with codes of conduct drawn up by The Personal Injury Council. Yet there is much unclarity about what these rules exactly mean and, more importantly, what your rights are if insurers hide behind these codes.
In this article, we explain extensively what The Personal Injury Council is, which codes of conduct apply, and how these 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 The Personal Injury Council?
The Personal Injury Council is a partnership of parties active within the personal injury sector. Think of insurers, representatives, lawyers, medical advisors, and experts.
The goal of The Personal Injury Council is to improve the quality and carefulness of the settlement of personal injury cases. This is mainly done by drawing up codes of conduct and guidelines.
Which codes of conduct originate from The Personal Injury Council?
The best-known code of conduct is the Personal Injury Settlement Code of Conduct (Gedragscode Behandeling Letselschade – GBL). This code of conduct contains agreements about:
- communication between insurer and victim;
- time limits for response;
- advances;
- careful damage settlement;
- transparency in the process.
In addition, there are guidelines regarding, among other things, medical expertises and calculation methods.
Is The Personal Injury Council legally mandatory?
An important point: The Personal Injury Council 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 The Personal Injury Council in practice?
In practice, we see that insurers regularly invoke codes of conduct from The Personal Injury Council. For example, by stating that:
- time limits 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 limit
A crucial distinction is that a code of conduct is never above the law. When an insurer acts in violation of its civil law obligations, it cannot hide behind The Personal Injury Council.
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. Time limits are stretched, discussions keep returning, and insurers keep the control.
Where others accept this, we draw a clear line. If consultation yields no result, we shift gears.
Out of court if possible
We utilize the codes of conduct of The Personal Injury Council where they work to the advantage of the victim. A well-substantiated reference can sometimes effectively put pressure.
But we do not let a case get bogged down because an insurer continues to invoke “the GBL route”.
Litigating if necessary
When codes of conduct are abused to delay settlement, we litigate. Think of:
- partial dispute proceedings (deelgeschilprocedures) regarding liability or damage;
- proceedings regarding advances;
- provisional expert reports;
- proceedings on the merits in case of structural delay.
Exactly our litigation experience makes the difference in files that get bogged down under The Personal Injury Council umbrella.
The Personal Injury Council and medical causality
Also with medical causality, insurers often refer to guidelines of The Personal Injury Council. However, this does not release them from the duty to assess complaints seriously and legally correctly.
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 unjustly accused of fraud. You can read more about this on our page fraud investigation in personal injury.
What does this mean concretely 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. Also when litigating outside the GBL structure.
Why choose Arslan Advocaten?
We know the rules of The Personal Injury Council. 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 court if necessary.
Is your personal injury case bogged down with reference to The Personal Injury Council? Feel free to contact us for a substantive assessment.
Read also
- Demanding an advance on compensation in 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 The Personal Injury Council in personal injury cases?
The Personal Injury Council develops codes of conduct and guidelines to improve the quality and carefulness of damage settlement. It is a partnership of parties in the sector, such as insurers and lawyers.
Are the codes of conduct of The Personal Injury Council legally mandatory?
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 on the basis of these codes.
How can insurers invoke The Personal Injury Council in practice?
Insurers often use the codes of conduct to extend time limits, 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 steps when the insurer acts in violation of 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.
