Explainer Your rights · 5 min by Krantz & Polak
Who pays for the counter-expert?
For private individuals, counter-expertise is in practice free of charge. The law places the reasonable costs with the insurer.
The cost of engaging their own expert needlessly holds many people back. That is a pity, because for consumers the law arranges this well.
The statutory basis
Article 7:959(1) of the Dutch Civil Code provides that the reasonable costs of assessing the loss are payable by the insurer. This includes the costs of a counter-expert engaged by you.
For consumers this is (semi-)mandatory law
Under a private policy, the insurer may not deviate from this to your detriment — not even if your policy says nothing about it. In practice, as a private individual you therefore pay nothing, provided the costs are reasonable (the so-called double reasonableness test: it must be reasonable to incur costs, and the amount must be reasonable).
And for businesses?
For commercial insurance, article 7:959 of the Dutch Civil Code is not mandatory. The policy then takes precedence, and the reimbursement may, for example, be limited to the amount charged by the insurer’s own expert. Have your conditions checked in advance.
Please note — An insurer may not impose as a hard requirement that your counter-expert be NIVRE-registered; the Court of Appeal of The Hague so ruled in 2020 (affirmed by the Dutch Supreme Court in 2022). NIVRE was co-founded by insurers and is therefore not an independent quality mark — it is not the registration that counts, but your expert’s demonstrable expertise and independence.
When is your own expert a wise choice?
Not for every minor claim — but in these situations your own counter-expert almost always achieves a better and fairer outcome:
- The damage is substantial (guideline: from around € 5,000).
- The insurer doubts your account or accuses you of intent, negligence or fraud.
- The cause or circumstances are unclear — often with fire or water damage.
- An exclusion or deduction is invoked that you do not understand.
- There is underinsurance, or discussion about current value and depreciation.
- There is business interruption loss on top of the damage to property or contents.
- Your claim has been (partly) rejected.
- Before you sign — or before the insurer's expert records the damage one-sidedly.
Not sure whether it makes sense in your case? A first check costs nothing.
What you can do next
Three pages with a concrete answer to common follow-up questions.
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What does a counter-expert cost?
Answer in 1 minute, with verbatim quotes from Kifid and the Dutch Consumer Association.
Read about costs -
How do we work?
Our step-by-step approach — from first inspection to final settlement.
See our approach -
Why 100% independent?
Comparison with hybrid agencies + 3 verification questions you can ask.
Our independence
Also relevant
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Court of The Hague: Achmea must drop unlawful requirements imposed on counter-experts (2020)
A landmark ruling: the Court of Appeal of The Hague held that Achmea may not demand that its policyholders' counter-expert be registered with NIVRE.
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Interpolis ordered to reimburse counter-expert costs (2018)
A district court ruling that reaffirmed the statutory right to reimbursement of reasonable counter-expertise costs — and drew a sharper line around what insurers can call 'reasonable'.
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You are entitled to your own expert (counter-expertise)
The insurer's expert works for the insurer. You may put your own independent specialist opposite them.
Just had damage?
Call us or report your claim online. We usually respond within 24 hours.