FAQ

First make the scene safe; call 112 if anyone is injured. Fill in the European accident statement together with the other party: tick the boxes, draw the sketch and take photos. The statement records facts; signing it does not mean you accept fault. Write any point you disagree with in your own “Remarks” section. Report the accident to your insurer in writing immediately, and within 8 days at the latest.

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For material damage, insurers apply the RDR convention between themselves: the split of fault is read from a grid based on the boxes ticked on the accident statement. RDR only covers material damage from collisions in Belgium between insured motor vehicles. The sketch, witnesses, a police report or a court decision can change the outcome.

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For your bodily injury, yes. In a road accident involving a motor vehicle, everyone who was not driving (pedestrian, cyclist, passenger) is compensated for bodily injury regardless of fault; the compulsory motor insurer of the vehicle involved pays (1989 Act, art. 29bis). Damage to property such as a bicycle or phone is not covered by this rule. The only exception is a person over 14 who intended both the accident and its consequences.

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The Belgian Motor Guarantee Fund (FCGB / BGWF) steps in. It pays in the cases listed by law, for example when the vehicle cannot be identified, is uninsured or stolen, or the insurer is bankrupt (1989 Act, art. 19bis-11). You cannot be asked to prove that the person responsible is unable to pay.

Don't give up straight away. First check whether the refusal is properly reasoned and ask in writing which policy clause it relies on. Then write to the insurer's complaints service; if that fails, you can apply to the Insurance Ombudsman free of charge. If you have legal-expenses cover, use it, and don't miss the deadline for going to court.

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If the insurer disputes cover, it must give a reasoned reply to your claim within three months (Insurance Act, art. 73/1). Once that period has passed, the insurer automatically owes you €300; if it still does not reply within 11 days of a registered reminder, it owes a further €300 per day. Whether this penalty applies to fire (simple risks) and life insurance is disputed.

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Yes. If the report does not correctly reflect the extent of the damage, the value of the vehicle or goods, the repair cost or your medical condition, you can object in writing and have a counter-assessment done by an expert of your choice. First ask for a copy of the report. Your legal-expenses insurance may cover the cost of your own expert.

It depends on what you sign. If you sign a discharge marked “full and final settlement” (quittance pour solde), it becomes harder to claim more later, so have the document checked before you sign. An offer of an advance payment, however, may never include a discharge, even a partial one (Insurance Act, art. 73/1 §5).

Yes. In many disputes, a written objection, further documents, negotiation, the insurer's complaints service and the Insurance Ombudsman are tried first. The best route depends on the amount, the documents, the policy cover and the insurer's attitude.

Against your own insurer, the period is 3 years from the day you learned of the event, and at most 5 years from the event itself (Insurance Act, art. 88 §1). A direct action against the other party's insurer must be brought within 5 years (art. 88 §2). A claim reported in time interrupts the period until the insurer notifies its decision in writing (art. 89 §3); an application to the Ombudsman suspends it. Special regimes such as workplace accidents have different periods.

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Not on its own. Report the claim as soon as possible and within the period stated in your policy; for a road accident this is 8 days at the latest. If you are late, the insurer may only reduce the payment by the loss the delay caused it; a full refusal is only possible in case of intent to deceive (Insurance Act, art. 74 and 76).

It is a free, out-of-court route when you cannot reach agreement with your insurer. You apply in writing; no lawyer is needed. A complete application suspends the limitation period against your insurer (Insurance Act, art. 322). The opinion is not binding, but companies very rarely go against it: in 2025, 56% of cases examined on the merits were resolved in the consumer's favour.

Refusals, delays and Ombudsman guide →

Yes. In court, administrative, arbitration and mediation proceedings you choose your lawyer, and also whenever there is a conflict of interest with the insurer (Insurance Act, art. 156). If you and the insurer disagree on how to handle the case, you can obtain the opinion of a lawyer of your choice; if that lawyer agrees with you, the insurer must cover the costs within the policy limits, whatever the outcome (art. 157). In most policies, lawyer's fees are paid up to a ceiling per service.

Legal expenses guide →

Legal-expenses cover is often not a separate contract: it may be part of your car, home or family liability policy, a bank package, or insurance provided by your employer or union. Check the special conditions of your policies or ask your insurance intermediary.

Legal expenses guide →

Datassur keeps the insurers' shared risk register (RSR); being listed can make it harder to take out new insurance. You have a right of access to your personal data (GDPR art. 15): send Datassur a written access request to find out whether you are listed. If the entry is wrong or out of date, you can ask for it to be corrected or erased (GDPR art. 16 and 17), and if that fails you can complain to the Data Protection Authority (GDPR art. 77).

It protects people who have had cancer from being disadvantaged indefinitely because of it. Five years after the end of successful treatment, with no relapse, the illness can no longer be taken into account for loan-protection insurance linked to a mortgage or business loan, or for income-protection (disability) insurance. Since 1 June 2026 you no longer even have to declare it, and the rule has been extended to travel-cancellation insurance (Insurance Act, art. 61/1 ff.). Income-protection insurance has additional conditions.

Yes. The first assessment is free and is done by email or phone. We check whether your legal expenses insurance can cover the costs and tell you which route suits you. If you have legal expenses insurance, it often costs you nothing.

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After reviewing your file and before any work starts, we confirm the fee in writing. If your legal-expenses insurance applies, the fee is invoiced directly to the insurer within the limits of your policy.

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