After having read the missions of the Mutual Fund for Vehicle Liability, you will be given the opportunity to submit an accident declaration.
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4° The Guarantee Fund's Reimbursement
The Fund is subrogated to the rights of the victim against the person responsible for the accident (and possibly against its insurer) insofar as it compensated the damage.
This reimbursement is limited to the total amount of payments made.
When the Fund intervenes instead of an insurance company having the right to offer vehicle liability coverage in Belgium that is bankrupt or that is unable to fulfill its obligation after having had its authorisation revoked or after having renounced its authorisation, reimbursement by the insured possible only within the legal and contractual limits of the of the original insurer.
When the Fund intervenes in one of the cases stated in point d) and e) (The insurer or his representative does not answer a demand for compensation or no representative has been appointed by the insurer), the Fund is entitled to claim reimbursement from the compensation body in the member state of the insurance undertaking's establishement which issued the policy.
When the Fund intervenes in the case stated in point f), (accident in the EEA by an unidentified vehicle), it has a claim against the Guarantee Fund of the country in which the accident took place.
When the Fund intervenes in the case stated by point g) (accident caused by an uninsured vehicle) it has a claim in the following manner :
If the accident occured in a country that has adopted the green card system (except in Belgium) by a non-insured vehicle normally based in a EEA member country, the claim will be directed against this member state's Guarantee Fund.
If the accident occured in an EEA member state (other than Belgium) by a non-insured vehicle from a third party country, the claim will be directed against the Fund of the member state where the accident occured.
- Conditions of intervention of the Fund
a) Nature of the accident
The accident must be caused by a motorized vehicle as stated by the law of the 21 November 1989. It must concern a vehicle that is meant to ride on the ground and that is propelled by mechanical force and is not linked to a rail system. Also, everything that is attached to the vehicle is considered as part of it. A trailer that is attached is considered part of the Vehicle.
The intervention of the Fund is therefore not possible if a cyclist causes the damage.
b) Quality of the victim at the time of the accident
When the accident occurs in Belgium no proof of nationality or residency is required of the victim.
When the accident occurs outside of Belgium, the victim must prove residency in Belgium.
c) Victims excluded from the Funds intervention
1° Insurer's bankruptcy
The Fund having the same obligations as the insurance company can excercice the same exclusions as the latter.
2° Fortuitous case
- The owner of the vehicle having caused the accident.
- The driver who refers to a fortuitous event in order to have his liability annihilated.
- The vulnerable person as far as bodily harm is concerned. The latter will be compensated directly by the insurance company covering the vehicle implicated in the accident. The fortuitous case is not opposable to the victim (art. 29bis of the law dated 21.11.1989)
3° Theft
- The person responsible for the accident unless he/she is considered a vulnerable person (art. 29bis of the law dated 21.11.1989)
- The thief or person having acquired the vehicle with violence.
- The vehicle's fence
- The co-author or accomplice in the theft, violence or fencing.
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