1. Engagement Confirmation
    The client (hereinafter referred to as “the client”) grants Kracht! Letselschade B.V., hereinafter referred to as “Kracht!”, the mandate to represent their interests in connection with the damage suffered and to be suffered as a result of the accident.
  2. Services
    The work performed by Kracht! for the client is referred to as extrajudicial legal assistance (without the intervention of a court). If a Dutch court is asked to render a judgment, Kracht! will, upon request, transfer the case file to one of the personal injury lawyers cooperating with its office.
  3. Handling of the Case
    As long as the case is being handled by Kracht!, the client is obliged to cooperate fully and truthfully, to provide timely information, and to make all relevant documents available. If the client breaches these obligations, Kracht! may recover the costs and fees incurred from the client.
    If the client terminates the case prematurely, Kracht! will charge the costs already incurred to the client and may, if possible, offset them against any advance payments already received or to be received by the client from the insurer and/or liable party. Kracht! has the right to retain the file until full payment has been made, unless the transfer is made to another representative bearing the official Keurmerk Letselschade (NKL) quality mark.
    Kracht! will keep the client informed about the progress of the case and advise on developments in the claims process.
  4. Forwarding of Information
     Kracht! is entitled to forward all information and data relevant for a proper assessment of the claim to the opposing party, insurer, or their representatives, as well as to other parties involved in the personal injury settlement.
  5. Costs of Legal Assistance
    These costs, also known as extrajudicial legal assistance costs, are recovered by Kracht! from the liable party or its insurer. This is possible because these costs are considered part of the damages by law. As a professional and qualified representative, Kracht! may claim these costs separately from the liable party. The recovered extrajudicial costs belong to Kracht!.
    If the client bears (partial) fault for the occurrence of the accident and resulting injury, the liable party or its insurer is generally required (with some exceptions) to pay these costs proportionally to the degree of fault. For any remaining costs, Kracht! will make separate written agreements with the client.
    If external experts need to be engaged (other than Kracht!’s medical advisor), Kracht! will make prior written arrangements with the client regarding the financing of such services.
  6. Irrevocable Assignment (Cession) of Costs
     The client agrees that the fees charged by Kracht! will be invoiced directly to the liable party and hereby irrevocably assigns the right to compensation of these costs to Kracht!.
  7. Receipt of Payments
    Kracht! is authorized to receive payments on behalf of clients and to withhold from these funds any amounts owed to Kracht!. Unless otherwise agreed, Kracht! has no objection to the liable party paying the compensation directly to the client.
  8. Transfer of Representation
    If the client chooses to transfer their case to another representative, the client agrees that the personal injury file will only be transferred after Kracht!’s fees and costs incurred in connection with the case have been paid by the client, the new representative, or the liable party.
  9. Liability of Kracht!
    Kracht! is liable for shortcomings in the performance of the engagement only to the extent that these result from Kracht!’s failure to exercise the care, expertise, and skill that may be expected in providing advice within the scope of the engagement.
    Liability for damages arising from such shortcomings is limited to the amount of fees received by Kracht! for its services in connection with that engagement. For engagements lasting more than six months, liability is further limited to the total fees invoiced during the last six months.
    Kracht! is not liable for the acts or omissions of third parties engaged (with the client’s express or implied consent).
    Any claims by the client in this respect must be submitted within one year after discovery of the damage, failing which the client forfeits any right to claim.
    The agreement is governed by Dutch law.
  10. Privacy and Data Processing
    In processing personal data, Kracht! complies with the General Data Protection Regulation (GDPR/AVG) and is bound to confidentiality toward third parties not involved in the performance of the engagement, except where disclosure is required by law.
    Except for medical data, Kracht! also provides information regarding case handling to Keurmerk Letselschade in connection with the mandatory annual audit.

 

If there is any discrepancy between this translation and the original Dutch version, the Dutch text shall prevail.

February 2023 / General Terms and Conditions