After having read the missions of the Mutual Fund for Vehicle Liability, you will be given the opportunity to submit an accident declaration.
f) Basis for compensation
- Bodily harm: no limit
- Material damage : for accidents having occurred before the 19 January 2003, a 247,89 € threshold is applied.
If the accident is caused by an unidentified vehicle, material damage is not compensated.
3. Procedure for compensation
A claim may be addressed the Fund directly by the victims or those who are of right or by any person that represents them (insurer, broker, lawyer).
4. Obligations of the victim
- Provide the Fund with all information it requests (for example : medical certificates, personal details, information concerning the opposing party),
- Vy request of the Fund, to act against the person responsible for the accident.
- In order for the Guarantee Fund to intervene in the case of bodily harm, an official police report must be made within thirty days of the accident.
Exception : if a case of "force majeure" (an exceptional event) prevents the victim from making a deposit within this timeframe.
5. Compensation by the Guarantee Fund
The law relative to the intervention of the Fund does not detail any procedure other than the fact that the declaration must be sent by registered letter within a specific timeframe.
In theory, action against the Fund is of a civil resort thus the declarant must prove that he or she fills the proper requirements to obtain intervention.
With regards to the standard declarant (a private individual), the Fund must assume an active role and not simply receive and transmit information provided by the declarant. The Fund will investigate refusals made by insurance companies and will examine all possibilities that may lead to the intervention of an insurance company.
The professional declarant (company or broker) is required to transmit a complete file and provide all information to allow the Fund to make a considered decision.
The Fund designates its own experts and will have recourse to formal or legal surveys depending on the cases that are submitted.
These decisions may be subject to legal censorship.
The Guarantee Fund may appear voluntarily in court procedures involving accidents that may lead to its intervention. The victim may demand a forced intervention of the Fund before courts and tribunals.
There are no distinct normative rules relative to any legal procedure.
6. List of supporting documents to be transmitted with the request.
There is no normative rule on this subject.
However, the Fund can only open a procedure if all of the following are provided :
- date and place of occurrence of the accident
- identity of the victim and the person presumed responsible (except in the case of non-identification).
Unless the following documents are provided at first, the Fund will request copies of:
- The contradicting accident report if there is one,
- The accident claim made by the victim to his/her insurance company.,
- Medical certificates concerning suffered bodily harm
- The official survey report relative to material damage and the VAT notice.
- A declaration of insurance or non-insurance with regards to a cover by an insurance undertaking distinct from TPL.
The Fund will also require that the victim fills in a form with information that may help it establish the possible compensation.
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