After having read the missions of the Mutual Fund for Vehicle Liability, you will be given the opportunity to submit an accident declaration.
OUR MISSIONS
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c. conditions to fulfill :
- the request must concern a vehicle normally based in a country of the E.E.A.,
- the accident must have occurred in the E.E.A. or in a third party state having adopted the Green Card System,
- the request must be submitted within 7 years of the accident,
d. the competence of investigation
When the insurer cannot be immediately identified, the Fund has the possibility to contact the owner of the vehicle's registration and enquire about his/her situation of insurance.
b) Mission of compensating damages
1° Cases whereby the Fund may intervene
a. insolvency of the insurance company
The Belgian Guarantee Fund will compensate damages caused by a motorized vehicle when compensation is owed by an insurance company having the right to offer vehicle liability coverage in Belgium that is bankrupt or that is unable to fulfill its obligations after having its authorisation revoked or after having renunciated its authorisation.
The accident must have occurred in Belgium
b. Fortuitous case
The Belgian Guarantee Fund will compensate damages caused by a motorized vehicle if the insurance undertaking cannot be compelled to compensate, in the case of a fortuitous event annihilating the drivers liability.
The accident must have occurred in Belgium
c. Theft
The Belgian Guarantee Fund will compensate damages caused by a motorized vehicle when the driver acquired the vehicle by theft, violence or fencing.
The accident must have occurred in Belgium
d. The insurer or his representative does not answer a compensation demand.
The Belgian Guarantee Fund will compensate damages caused by a motorized vehicle when the insurer or his representative has not given a reasoned reply within three months of the victim's claim for compensation. The victim may not however have taken legal action against the insurance undertaking.
The Fund will take action two months after the presentation by the victim of a claim for compensation but will cease its action if the insurer gives a reasoned reply within these two months.
The Fund must inform the insurer or his representative, the Compensation Body of the State of the insurance undertaking's establishement which issued the policy and the person having caused the accident (if he/she is known) as to the fact that it has received a claim for compensation and will answer this claim in two months.
The accident must have occurred in one of the EEA member states (including Belgium) or in a state having adopted the Green Card System if the vehicle is normally based in one of the EEA member states.
e. No representative has been appointed by the insurance undertaking
The Belgian Guarantee Fund will compensate damages caused by a motorized vehicle when the foreign insurance company has not appointed a claims representative in Belgium. The Fund's action is subject to the same conditions as the previous case. This action is however not applicable if the accident occurred in Belgium.
f. Unidentified vehicle
The Belgian Guarantee Fund will compensate damages resulting from bodily harm caused by a motorized vehicle when this vehicle is not identified. If the absence of identification concerns the driver but not the vehicle in itself the Guarantee fund will not act since the MTPL insurer remains at risk towards the injured person .
The accident must have occurred on Belgian territory or the territory of a Member State of the EEA
g. Non insurance
The Belgian Guarantee Fund will compensate damages caused by a motorized vehicle when no vehicle liability insurance company is compelled to compensate due to the fact that the obligation of insurance has not been respected.
The injured party may apply for compensation if within two months following the accident it has not been possible to identify the insurance undertaking.
The accident must have occurred in one of the EEA member states (including Belgium) or in a state having adopted the Green Card System if the vehicle is normally based in one of the EEA member states.
2° Compensation
- of bodily harm (wounds or death)
- of material damage in some specific cases (cfr. infra).
3° Characteristics
- The Fund compensates victims who suffered damage falling within the scope of the rules of civil liability.
- May also benefit from the Fund's intervention :
* Social security bodies entitled by law to take action for compensation.
* Private insurers who are subrogated to the injured party in his claims.
- In the event of litigation between the Guaranty Fund and an insurance company as to who must compensate the injured person, the Fund will compensate the victim initially. If it is finally decided that the responsibility is incumbent on upon the insurance company, the insurance company reimburses the Fund the amount of the paid allowance plus legal interests. Interests start running from the moment the Fund compensates the victim.
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