In short
- You have 3 years to sue your own insurer and 5 years to sue the other party’s insurer directly.
- An insurer must give a reasoned answer to your claim within 3 months.
- Report an accident to your insurer in writing immediately, at the latest within 8 days.
- A complaint to the Ombudsman suspends the limitation period.
- A claim notification interrupts the limitation period only if it was made in time.
- Traffic fine deadlines are very short: 30 days to challenge a payment order, 15 days to challenge a default judgment.
Even a well-founded claim may be barred once a deadline has passed. This guide brings the key deadlines together. The general rule: write the deadline in your calendar on day one and calculate it without counting on anything that might extend it, such as interruption or suspension.
First deadlines after an accident or loss
| What? | Deadline | Legal basis |
|---|---|---|
| Report an accident to your motor insurer | In writing, immediately and at the latest within 8 days (reasonable speed is enough) | Royal Decree 16.4.2018, annex art. 32; Insurance Act, art. 74 |
| Forward court documents to your insurer | 48 hours | Royal Decree 16.4.2018, annex art. 32 |
| Insurer’s reasoned answer or offer | 3 months from the complete claim | Insurance Act, art. 73/1; 1989 Act, art. 13-14 |
| If there is no answer | €300 automatically; if no reply within 11 days of a registered reminder, €300 per day (indexed) | Same articles |
| Payment of an agreed amount | 30 days; motor liability: 30 working days after acceptance | Insurance Act, art. 73/1 §6; 1989 Act, art. 13 |
| Fire (simple risks): housing and first needs | 15 days | Insurance Act, art. 121 |
| Fire: closing the expert assessment / payment | 90 days / 30 days after closing | Insurance Act, art. 121 |
| Claims history certificate (motor) | 15 days from your request | 1989 Act, art. 7 §2 |
These deadlines and penalties apply under the general regime to claims made after 1.10.2024 and, in compulsory motor insurance, to accidents after 12.4.2024. For older road accidents the former text applies: the penalty for no reply is €250 per day, not indexed.
Under the general regime, late payments carry interest at twice the legal rate (Insurance Act, art. 73/1 §6).
Deadlines to go to court (limitation periods)
| Who against whom? | Deadline | Legal basis |
|---|---|---|
| Policyholder → own insurer (contract claim) | 3 years from knowledge of the event; at most 5 years from the event (except fraud; this maximum can also be interrupted and suspended) | Insurance Act, art. 88 §1 |
| Victim → liable party’s insurer (direct action) | 5 years; maximum 10 years | Insurance Act, art. 88 §2 |
| Victim → liable person (tort) | 5 years from knowledge; maximum 20 years | Former Civil Code, art. 2262bis |
| Insurer’s recourse action | 3 years, each payment starts a new period | Insurance Act, art. 88 §3 |
| Work accident compensation | 3 years | Act of 10.4.1971, art. 69 |
| Refund of premiums wrongly collected | 10 years | Undue payment rules |
| Life insurance reserve | 30 years | Insurance Act, art. 88 §1; Constitutional Court 16/2024 |
What can extend the period (do not rely on them; treat them only as an extra safeguard):
- A timely claim notification interrupts the limitation period until the insurer communicates its decision in writing (Insurance Act, art. 89 §3).
- A complete complaint to the Ombudsman suspends the period until the outcome is notified (art. 322 §2/2).
- Against minors, time does not run in actions against the insurer until they come of age (art. 89 §1).
Claim notification and limitation: what the courts say
The claim notification is what most affects your time limit against your insurer. The Court of Cassation and the courts of appeal have clarified the following:
- Only a timely notification interrupts. The notification that interrupts the limitation period is one made in accordance with the law and the policy, i.e. in time; a late notification does not interrupt it (Cass. 13.3.2026, C.25.0020.F). If you notified late, another step (such as bringing proceedings) may be needed to protect the deadline; ask a specialist without delay.
- The interruption lasts until the insurer’s written decision is notified to you. It must be notified to you or to a representative you authorised to receive it; notifying just any representative of yours is not enough (Cass. 18.4.2016, C.15.0450.F). The decision must be clear: the Liège Court of Appeal held that a new period started after a letter clearly refusing cover (see the next point). For a victim’s direct action against the other party’s insurer, the Court of Cassation requires the letter to be clear and unambiguous enough for the victim reasonably to understand that negotiations are definitively over (Cass. 21.9.2023, C.22.0462.N); the rule that notice must go to the victim or an authorised representative applies there too (Cass. 9.10.2025, C.24.0476.N).
- After a clear written decision, time runs again. Once the insurer clearly communicates its decision in writing, the interruption ends and a new 3-year period starts. Waiting for the outcome of a criminal investigation, for example, does not automatically suspend it (Liège Court of Appeal, 10.12.2018, 2017/RG/721). Note the date of the refusal letter straight away.
- The 5-year maximum is not “absolute” either. If you learned of the event late, the 3 years run from the date you learned of it, but there is a maximum of 5 years from the event (except fraud). According to the Court of Cassation, these 5 years are not a strict time bar (délai de forclusion) but a limitation period that can be interrupted and suspended (Cass. 23.4.2026, C.25.0066.N). The grounds for interruption and suspension above can therefore also be relied on for this period.
These rulings matter when calculating the deadline. Even so, the safest approach is to diarise the deadline without counting on any interruption or suspension.
Ombudsman deadlines
| Step | Deadline |
|---|---|
| Decision on admissibility | 3 weeks after the complete complaint |
| Company’s response | 1 month |
| Ombudsman’s outcome | 90 days, up to 180 days for complex files (2025 average: 88 days) |
Contract deadlines
| What? | Deadline | Legal basis |
|---|---|---|
| Cooling-off (new contract) | Life 30 days, other 14 days (outside life insurance, only for contracts concluded by pre-signed policy, insurance request or at a distance) | Insurance Act, art. 57 |
| Objecting to renewal | 2 months before expiry for you (since 1.10.2024; previously 3 months), 3 months for the insurer | art. 85 |
| Cancelling a non-life consumer contract | At any time after the first year, with 2 months’ notice | art. 85/1 |
| Cancellation after a claim | Notified at the latest 1 month after payment or refusal; takes effect no earlier than 3 months later | art. 86 |
| Formal notice for unpaid premium | At least 15 days | art. 70 |
Traffic fine deadlines
| What? | Deadline |
|---|---|
| Sending a copy of the police report (PV) when you were not stopped | 30 days (since 1.7.2026) |
| Paying an immediate collection (perception immédiate) | 10 days |
| Paying a prosecutor’s settlement offer (transaction) | As stated in the offer (15 days to 3 months) |
| Paying or challenging a payment order (ordre de paiement) | 30 days |
| Company car: naming the actual driver | 15 days |
| Challenging a default judgment (opposition) | 15 days from service |
| Appeal against a police court judgment | 30 days |
| Limitation for prosecution | 3 years (for all traffic offences since 1.7.2026) |
Practical tips
- Take every key step by registered letter or email with a delivery receipt; deadlines run from that date.
- Several deadlines can run in the same file at once, for example the insurer’s 3-month answer period and your own 3-year limitation period.
- Accidents abroad or on the way to work may follow different rules; if unsure, ask a specialist.
You can search case law on limitation periods by topic on our Decision Search page.
Sources
- Insurance Act (Loi du 4 avril 2014 relative aux assurances)
- Motor Insurance Act of 21 November 1989, consolidated
- Road Traffic Police Act of 16 March 1968, consolidated
- Insurance Ombudsman, rules of procedure
- Legalstreet, 3-year limitation for traffic offences
- Legalex, limitation and direct action
- Court of Cassation (Cass.) 13.3.2026, C.25.0020.F
- Court of Cassation (Cass.) 18.4.2016, C.15.0450.F
- Court of Cassation (Cass.) 21.9.2023, C.22.0462.N
- Court of Cassation (Cass.) 9.10.2025, C.24.0476.N
- Court of Cassation (Cass.) 23.4.2026, C.25.0066.N
- Liège Court of Appeal, 10.12.2018, 2017/RG/721
This guide is general information, not legal advice. Current as of 30.09.2026.

