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The accident report (constat): what to know before you sign

What the European accident statement proves and what it doesn't: the boxes, the sketch, RDR, foreign plates and the 8-day notice.

In short

  • The form records facts; signing it does not mean you admit fault.
  • But the boxes you tick and the sketch are strong evidence; the sketch often carries more weight than the boxes.
  • Write down anything you disagree with in your own “Remarks” section.
  • If the other car has foreign plates, your contact point is the Belgian Motor Insurers’ Bureau (BBAA).
  • Report the accident to your insurer in writing immediately and at the latest within 8 days.

The European accident statement (constat européen d’accident / Europees aanrijdingsformulier) is the form both drivers fill in together at the scene. It is completed under stress, at the roadside, sometimes in a language you don’t master. One of the most frequent questions on Belgian forums is: “I signed the form, can I go back on it?” This guide explains what you need to know before and after signing.

What your signature means, and what it doesn’t

  • The form records the facts of the accident. Even writing “I was wrong” on it is not a legal admission (aveu): an admission can only concern facts, while who is legally at fault is for the judge to decide (Police Court Hainaut, 26.10.1995; to the same effect, according to a secondary source, Police Court Antwerp, 26.10.2006).
  • Under the standard motor policy, an admission of liability, settlement or payment made without your insurer’s consent cannot be relied on against the insurer; however, acknowledging the facts cannot be a reason to refuse cover (standard RC auto contract, Royal Decree of 16.4.2018, annex art. 33). Signing the form does not put your cover at risk.
  • On the other hand, the facts written on the form are strong evidence against you. The Mons Court of Appeal treated the form, as regards the facts, as an out-of-court admission with full evidential force against the person who signed it; it can be withdrawn only if a mistake of fact is proven (Mons, 26.6.1987). The Liège Court of Appeal likewise held that a party who signed a joint report without reservation cannot later dispute its content unless a material error is clearly proven (10.1.2007; a non-traffic damage report). The sketch is part of the form; if you disagree with it, have it corrected before signing or write your objection in the Remarks.

Bottom line: the form is not a “fault certificate”, but it is a record of facts that is hard to change afterwards. The care is needed before you sign.

The sections of the form

Section Content Whose statement?
1–5 Date, place, injuries, other damage, witnesses Joint
6–11 Policyholder, vehicle, insurer, driver, point of impact, visible damage Each driver for themselves
12 Circumstances (17 boxes) Each driver for themselves
13 Sketch Joint
14 Remarks Each driver for themselves

Witness details must be complete. In the insurers’ agreement, a passenger, spouse, relative or employee does not count as a valid witness.

Why the boxes (section 12) matter so much

When insurers split the material damage between the two drivers, they mostly rely on the boxes ticked on the accident statement. Ticking certain boxes usually puts the fault on the driver who ticked them:

  • 2 – was leaving a parking space (and “was opening a door”),
  • 4 – was coming out of a car park, private ground or dirt track,
  • 14 – was reversing,
  • 17 – had not observed a right-of-way sign or a red light (the insurers’ rules treat the traffic-light part of this box separately as “17bis” and count failing to observe a red or amber light against the driver).

Boxes such as “parked / stationary” (1) and “was driving around a roundabout” (7) protect the driver who ticks them. Under the insurers’ rules, an incriminating box always prevails over protective and neutral boxes; if both drivers tick an incriminating box, damage is normally split 50/50, except that a driver admitting a red light (17bis) is at fault. A driver may tick several boxes: incriminating boxes are considered first, then protective ones. If only neutral boxes are ticked and they lead to different results, there is no automatic split and the sketch decides. A driver who ticks no box is presumed to have been “driving normally”.

Practical tip: tick only the manoeuvre you actually made. If unsure, leave it blank and explain in the Remarks section.

The sketch: the strongest evidence

The sketch (section 13) is a joint statement and, under the insurers’ rules, prevails over the boxes (only exception: a driver who ticked a box against themselves). It should clearly show the road layout, lanes, road signs, direction of the vehicles and point of impact. If you disagree with the sketch, ask for it to be corrected before signing.

If you can’t agree

  • If the other driver insists on a box or sketch you don’t accept, write your own version clearly in the Remarks (section 14).
  • Take photos: final positions of the vehicles, damage, road signs, number plate.
  • Get witnesses’ full names and contact details.
  • If the police drew up a report (PV), note its number.
  • The fault debate does not end with the form: the judge assesses fault freely in light of the concrete circumstances.

RDR: who pays, and how fast?

Under the Belgian insurers’ RDR agreement (Règlement Direct / Directe Regeling), the not-at-fault driver’s own insurer pays for the vehicle damage and then recovers it from the other insurer. According to Datassur, more than 70% of vehicle-damage files are settled this way, most within a month of the claim.

Conditions in short: accident in Belgium, contact between motor vehicles subject to compulsory insurance, damage ceiling of €25,000. Bodily injury and collisions with pedestrians or cyclists fall outside RDR. RDR binds only the insurers; it does not bind the court, and ordinary law applies to anyone who is not a party to the agreement.

If the other car has foreign plates

For an accident in Belgium with a foreign-registered vehicle, your contact point is the Belgian Motor Insurers’ Bureau (BBAA / BBAV; Motor Insurance Act 1989, art. 19bis-1). The Bureau appoints the vehicle insurer’s Belgian correspondent. Belgian law generally applies, including rule 29bis protecting vulnerable road users. Copy the details of the international motor insurance card (the former “green card”) fully onto the form. A Belgian-issued insurance certificate is also valid in Turkey, Morocco and Tunisia.

After signing: the 8-day rule

The standard RC auto contract requires you to report the accident to your insurer in writing, immediately and at the latest within 8 days (Royal Decree of 16.4.2018, annex art. 32). Notice given as soon as reasonably possible is not late. If notice is late, the insurer may only reduce its payment by the harm it actually suffered (Insurance Act, art. 74, 76). Court documents served on you must be forwarded to your insurer within 48 hours.

Checklist

  • Tick only the manoeuvre you actually made.
  • Check the sketch carefully; if it’s wrong, correct it before signing.
  • Write any disagreement in the Remarks section.
  • Keep the photos, witness details and police report number.
  • Keep your copy and send it to your insurer within 8 days.

Our Accident Report Simulator gives a preliminary fault assessment based on the boxes ticked and the type of accident.

Sources

This guide is general information, not legal advice. Current as of 29.09.2026.