After having read the missions of the Mutual Fund for Vehicle Liability, you will be given the opportunity to submit an accident declaration.
4° The insurer or his claims representative does not reply to a compensation demand
1) If the accident occurs in Belgium :
- The person responsible for the accident unless he/she is considered a vulnerable person (art. 29bis of the law dated 21.11.1989)
- Persons excluded from compensation as stated by the law concerning vehicle liability insurance.
2) If the accident occurs outside of Belgium (cfr supra p.3):
- The person responsible for the accident.
- Persons excluded from compensation as stated by the law concerning vehicle liability insurance in the country of occurrence of the accident.
5° Aucun représentant n’a été désigné par l’assureur
1) If the accident occurred in Belgium :
- The person responsible for the accident unless he/she is considered a vulnerable person (art. 29bis of the law dated 21.11.1989)
- Persons excluded from compensation as stated by the law concerning vehicle liability insurance.
2) If the accident occurred outside of Belgium (cfr supra p.4) :
- The person responsible for the accident.
- Persons excluded from compensation as stated by the law concerning vehicle liability insurance in the country of occurrence of the accident.
6° Non identification
1) If the accident occurred in Belgium :
- The person responsible for the accident unless he/she is considered a vulnerable person (art. 29bis of the law dated 21.11.1989)
- The victim having suffered material damage only (the other victims are compensated for bodily harm only)
2) If the accident occurred outside of Belgium (cfr supra p.4) :
- The person responsible for the accident.
- Persons excluded from compensation as stated by the law that determines the intervention of the Guarantee Fund in the country of occurrence of the accident.
7° Non insurance
1) If the accident occurred in Belgium :
- The person responsible for the accident unless he/she is considered a vulnerable person (art. 29bis of the law dated 21.11.1989)
- the owner of the non-insured vehicle
- the insured person
- The driver and the holder of the uninsured vehicle if they had knowledge that the compulsory vehicle insurance law was not respected.
- If the owner or holder of the uninsured car is not a person, the administrators, managers or associates.
- When no insurance company has been identified within two months following the accident, Persons excluded from compensation as stated by the law concerning vehicle liability insurance in the country of occurrence of the accident.
2) If the accident occurred outside of Belgium (cfr supra p.4) :
- The person responsible for the accident.
- Persons excluded from compensation as stated by the law concerning vehicle liability insurance in the country of occurrence of the accident.
d) Power of proof
To obtain the intervention of the Fund, the victim having the quality of motorized user (driver) must prove the responsibility of the driver of the unidentified, uninsured or stolen vehicle or prove the fortuitous event that annihilates liability of the vehicle having caused the accident.
If the victim is considered a vulnerable person, he/she must only prove that an unidentied, uninsured or stolen vehicle was involved in the accident.
e) Time limit for the declaration
The victim must address a claim to the Fund within five-years of the accident. Past this period the Fund may refuse to intervene. When it is duly established by a court that the accident is due to a fortuitous event, the five-year period begins the day following the day the victim was informed of this ruling.
If the insurer is bankrupted, the five-year period begins the day the bankruptcy notice is published in the "Moniteur Belge".
If the insurance company has had its authorisation revoked or has renounced its authorisation, the five-year period begins the day the victim sends a registered letter (mise en demeure) to the company that must compensate.
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