Traffic Accident in Belgium: Your Rights and Steps to Take

The first moments after an accident are crucial. Here's what to do:

1. Secure the scene: turn on hazard lights, set up warning triangle, put on reflective vest. In Belgium, the triangle must be placed at least 30 meters before the obstacle.

2. Check for injuries: are there casualties? If yes, call 112 immediately. Don't move an injured person unless there's imminent danger (fire, traffic).

3. Call police if: there are injuries, a driver refuses to complete the report, you suspect drunk driving, one vehicle is unregistered or uninsured.

4. Gather evidence: take photos of vehicles, damage, plate numbers, overall scene. Note the time, weather conditions, any witnesses.

5. Complete the European Accident Report: this crucial document should be carried in every vehicle. Fill it out on scene while memories are fresh.

Don't admit fault – even if you think you're responsible, actual liability determination is an insurer matter.

The European Accident Report is the foundation of all subsequent procedures. Properly filled out, it speeds up compensation. Poorly filled out, it can turn against you.

Front of form: factual information – date, time, location, driver identity, vehicle and insurance details. Cross the boxes corresponding to each vehicle's maneuvers at the time of accident.

Back of form: your version of events, to be completed separately by each party. Describe facts without interpreting them: 'Vehicle B was on my left' rather than 'Vehicle B didn't yield.'

Golden rule: only sign when you fully agree with what's written. Once signed, the form is difficult to modify.

If the other party refuses to sign: note their identification, take photos, call police if needed. An unsigned report doesn't prevent you from claiming, but complicates things.

Practical tip: always keep a blank report in your glove box. In the moment, you won't think to download one.

For property damage (vehicle, belongings), the process is typically:

1. Declaration: you have 8 days to declare the accident to your insurer. Send the completed report.

2. Expertise: the insurer appoints an expert to assess damage. You can request a counter-expertise if you disagree.

3. Repair or write-off: if repair costs exceed the vehicle's pre-accident value, the insurer declares it a total loss. You receive the vehicle's value minus deductible.

Important question: who pays? It depends on liability. Three scenarios:

• The other party is at fault: their civil liability insurance compensates you. No impact on your premium.

• You're at fault: you bear your damage, unless you have comprehensive coverage. The other party is compensated by your insurance.

• Shared liability: each insurer covers their client's share. For example, 50/50 means your insurer pays half your damage.

Recourse for refusal: if the insurer underpays or denies, you can go to the Insurance Ombudsman or court.

Bodily injury compensation follows a different logic than property damage. The process is longer and stakes are higher.

Your damage is evaluated across multiple categories: • Medical expenses (past and future) • Lost income • Physical and psychological pain • Permanent disability • Domestic impact • Aesthetic damage

Medical consolidation: compensation is only finalized once your condition is 'consolidated' – meaning it won't further improve. This can take months or years.

The medical expert: the insurer appoints one to evaluate your injuries. You can be assisted by your own doctor-advisor. Never attend an expertise examination alone.

Indicative scale: Belgian courts use a compensation guide ('indicatieve tabel') to harmonize amounts. But each case is unique – the scale is a reference, not a ceiling.

Advance payments: while waiting for consolidation, you can request provisional payments for immediate expenses. The insurer must respond within 3 months.

Not every accident requires a lawyer. But some situations clearly warrant legal assistance:

Serious bodily injury: when injuries are significant, a lawyer ensures you don't accept inadequate compensation. Insurers have teams of experts – you should too.

Liability dispute: if the other party contests their fault, or if your insurer assigns you undeserved liability, a lawyer can restore the balance.

Reluctant insurer: if compensation is delayed, if the insurer makes lowball offers, if they invoke dubious clauses – legal pressure often unlocks situations.

Fatal accident: if you've lost a loved one, a lawyer helps you claim full damages while respecting this painful time.

Uninsured or unknown driver: you can turn to the Gemeenschappelijk Motorwaarborgfonds (GMWF), but the procedure is complex.

Lawyer fees: many work on a fee agreement (percentage of obtained compensation) for bodily injury cases. Ask upfront so there are no surprises.

Some situations require specific approaches:

Hit and run: file a police report immediately, even without the other driver's identification. Note any witnesses. The GMWF compensates victims when the at-fault driver is unknown.

Parking lot accident: liability rules are specific. In private parking lots, the highway code doesn't fully apply. Report to security, take photos, complete the report like any other accident.

Work commute: an accident on the way to/from work can be covered by your employer's work accident insurance. Declare to both your auto insurer and your employer.

Accident abroad: the European Accident Report works throughout the EU. Declare to your home insurer who will contact their foreign correspondent. In some countries, procedures are longer.

Rental vehicle: check if your credit card or personal insurance provides coverage. Otherwise, you'll face the rental company's deductible, often €500 to €1,500.

Accident with a wild animal: it's a force majeure if unavoidable. Your comprehensive coverage compensates your damage. If you hit a pet, its owner is liable.