Hit-and-run or uninsured vehicle: who pays for your loss?

In short

If the vehicle that caused the damage cannot be identified or has no compulsory motor insurance, the Belgian Common Guarantee Fund (Fonds commun de garantie belge / Gemeenschappelijk Motorwaarborgfonds) steps in (1989 Act, art. 19bis-11).

If the vehicle cannot be identified, the Fund in principle pays bodily injury only. If someone hit your parked car and drove off and nobody was injured, the Fund does not pay for the damage to your car.

In that case only a full comprehensive policy (omnium complète, “own damage” cover) pays for your car. Partial cover (mini-omnium) usually does not.

If the vehicle is known but uninsured, the Fund pays both bodily injury and property damage. You do not have to prove that the driver cannot pay.

Notify the Fund in writing within 5 years of the accident; this is a strict forfeiture period. For a bodily injury claim, the police must have been informed within 30 days.

“Nobody knows who drove off, so nobody pays” or “The other side has no money, so I get nothing.” Both ideas are partly wrong. Belgium’s motor insurance system has set up a guarantee fund for cases where there is no liable insurer. But the fund does not pay every loss; for property damage caused by an unidentified vehicle in particular, the rule is strict.

Someone hit my parked car and drove off, with no witness or camera: who pays?

If nobody was injured, the Guarantee Fund does not pay for the damage to your car; only a full comprehensive policy covers it. If you have no omnium and the vehicle is never found, you bear the loss yourself.

Why? For accidents caused by an unidentified vehicle (art. 19bis-11 §1 7°), the Act allows the King to limit the Fund’s obligation to bodily injury (art. 19bis-13 §3). The implementing decree does exactly that (Royal Decree of 11.7.2003, art. 23 §1). The Fund’s own explanation is the same: when the vehicle is not identified, in principle only bodily injury is paid. The Constitutional Court did not find this limitation contrary to the equality principle (Const. Court 6.7.2017, 88/2017). The Court of Cassation had reached the same result under the earlier text (Cass. 5.11.1997, P.97.1014.F). If the driver who fled is found to be solely liable, the property damage cannot be shifted to the Fund through the “fortuitous event” route either (cas fortuit, art. 19bis-11 §1 3°; Cass. 2.1.1996, P.94.1296.N).

Exception: serious bodily injury. If, in the same accident, the Fund pays someone for “serious bodily injury” (lésions corporelles importantes), property damage cannot be excluded on the ground that the vehicle was unidentified (art. 19bis-11 §2, para. 3; art. 19bis-13 §3). Serious bodily injury means: death, permanent disability of at least 15%, temporary disability of at least 1 month, or at least 7 days in hospital. According to the Court of Cassation, the one-month temporary disability need not be total; partial temporary disability also counts (Cass. 18.6.2020, C.19.0299.N). For accidents on or after 12.4.2024, the Act allows a deductible of up to 500 € on property damage in that case (art. 19bis-11 §2, para. 3; art. 33bis). The implementing decree (11.7.2003, last amended in 2010) provides for no such deductible, and the Fund’s website states that the deductible applied to accidents before 19.1.2003 no longer applies. The Fund’s statement on its compensation tasks, dated 7.11.2025, lists no deductible among its compensation limits either. If the Fund’s decision deducts one, ask for the legal basis.

Comprehensive cover options:

Full omnium usually includes “own damage” (dégâts matériels) cover, which covers damage you cause yourself, vandalism and damage caused by an unknown third party. The policy deductible (franchise) stays with you.
Mini-omnium is usually limited to theft, fire, glass breakage, natural events and collisions with animals.
Your own compulsory motor liability insurance (RC auto) does not pay for damage to your own car (art. 3 §1).

Why evidence matters: the Fund only covers damage caused by a motor vehicle in a traffic event; vandalism (such as scratches or a broken mirror) is outside its remit (Fund FAQ). Your omnium insurer will also ask how the damage happened. A police report (procès-verbal / proces-verbaal) records that the damage is an impact and when it happened.

Practical steps:

Photograph the car before moving it: the damage, paint traces, debris on the ground, the street and the parking space.
Go to the police straight away and report a hit-and-run (délit de fuite / vluchtmisdrijf). Leaving the scene is a separate offence for the driver who fled (Road Traffic Act of 16.3.1968, art. 33). Get the report number.
Ask whether there are cameras nearby (shop, car park, neighbours). Footage can be deleted quickly; tell the police at once.
Check for a note left on the car or pieces of a number plate on the ground.
If you have full omnium, report the damage within the time set in your contract (Insurance Act, art. 74: as soon as reasonably possible).
If you have legal expenses insurance, use it to recover from the other party if they are later found (legal expenses insurance).

If the number plate is found later: if a witness or a camera identifies the plate, you can ask the Guarantee Fund’s information centre which company insured the vehicle on that date (art. 19bis-8; within 7 years of the accident). According to the Fund, the request must be made in writing and can also be made by your legal expenses insurer or your broker; the centre does not, as a rule, give you the identity of the plate holder. If the insurer is identified, you can send your claim directly to it without waiting for the police investigation to end (Insurance Act, art. 150). For disputes about fault and amounts, see our guides on the accident report and refused claims.

If you were injured by a vehicle that fled

In an accident caused by an unidentified vehicle, the Guarantee Fund pays for your bodily injury (art. 19bis-11 §1 7°). The Fund takes the place of the liable person. If you were a pedestrian, cyclist or passenger, the Fund is also your counterpart for no-fault protection under 29bis; see our guide on pedestrians, cyclists and e-bikes.

If the police were not informed within 30 days of the accident, no action for bodily injury can be brought against the Fund, except in case of force majeure (Royal Decree of 11.7.2003, art. 24).
The Fund does not pay again what your health insurance fund (mutualité) has paid; it covers the loss above that (Decree, art. 20).
If there is serious bodily injury (the four criteria above), you can also claim for damage to your car and belongings.
If the accident happened in another EEA country and you live in Belgium, you can apply to the Fund; it pays under the compulsory insurance rules of that country (art. 19bis-12; Fund FAQ).

For heads of damage, see our guide on injury compensation.

An uninsured vehicle caused the accident: who do I claim my bodily injury and property damage from?

From the Guarantee Fund. If the vehicle had no compulsory insurance, or its insurer cannot be identified within 2 months of the accident, the Fund pays both your bodily injury and your property damage in place of the liable insurer (art. 19bis-11 §1 8°). The property damage limit for unidentified vehicles does not apply here.

It does not matter that the driver has no money. The Act says so expressly: the Fund’s payment cannot be made conditional on the victim proving that the liable person is unable or unwilling to pay (art. 19bis-11 §2, para. 2).

Depending on the situation:

If the other party was entirely at fault, the Fund pays what the liable person would have owed: vehicle damage, loss of use, loss of value, heads of bodily injury. If you were also at fault, compensation is reduced under the ordinary rules.
If you were a pedestrian, cyclist or passenger, your bodily injury is paid regardless of fault under 29bis; the Fund is also the counterpart for 29bis (art. 19bis-13/3 §2).
If you have full omnium, claim the vehicle damage from it; this is usually faster. Do not expect the Fund to pay what the omnium covers: the Court of Cassation held that a victim covered by a property insurance has no claim against the Fund for the covered damage, and that the insurer who paid cannot turn to the Fund as subrogee either (Cass. 20.1.1987; Cass. 24.11.2008, C.07.0432.F). These rulings concern the earlier legislation (Act of 1975 and Royal Decree of 1981); the decree provision applied in 2008 (art. 16 of the 1981 Decree) has almost the same wording as art. 20 of today’s decree: both make the Fund secondary only to health insurance benefits. We found no court decision on the current text. The Fund, for its part, asks applicants for confirmation of whether another insurer covers the damage (Fund, 7.11.2025). Claim from the Fund whatever the omnium does not cover (deductible, loss of use, loss of value).
If the vehicle has foreign plates, your first counterpart is the Belgian Motor Insurers’ Bureau (BBAA / BBAV) (art. 2 §2, art. 19bis-1).
If the accident happened after 22.6.2017, the Fund reclaims what it paid only from the vehicle’s owner (art. 19bis-14 §5; Fund FAQ). This does not affect your rights.

Who does the Fund not pay? It does not pay the owner of the uninsured vehicle, or its driver and keeper if they knew it was uninsured, or the policyholder (Decree, art. 21, 2°). The Fund may refuse to pay if you withhold information it asks for, let your claim against the liable person become time-barred, or fail to act against that person when the Fund asks you to (Decree, art. 22). The Fund can join criminal proceedings as a civil party (art. 19bis-17).

The Fund’s response deadlines (accidents on or after 12.4.2024): like insurers, the Fund must make a reasoned offer or give a reasoned reply within 3 months of the claim. If no offer is made, statutory interest runs for the delay; if no reasoned reply is given, a lump sum of 300 € is due; and if, after that period, the Fund does not answer your registered reminder within 11 days, 300 € per day is due (art. 19bis-13/2 and 13/3; amounts are indexed). An accepted offer must be paid within 30 working days. An advance offer may not contain a “full and final settlement” clause. Deadlines are suspended if the Fund informs you in writing of obstacles beyond its control. Because amendments to the Act apply only to accidents occurring after they take effect (art. 33bis), these rules do not apply to an accident before 12.4.2024, even if the claim is made today.

If the Fund and an insurer argue about who must pay, the Fund pays first and then recovers from the insurer with interest (art. 19bis-18).

How do I apply to the Guarantee Fund? Deadlines

Applying: under the decree, notification is made by registered letter or an equivalent means (Decree, art. 26). The Fund also accepts notifications by e-mail (claims@fcgb-bgwf.be), via its website and by ordinary post, but not by phone. Because the date may be disputed, a registered letter is the safest route.

Include:

the police report number and date (or the report itself),
place, time and a short description of the accident; photos, witness details,
the other vehicle’s number plate if known, and information showing it was uninsured,
repair invoices or an expert report; for bodily injury, medical records and proof of lost income,
any payments received from your omnium insurer or health insurance fund.

Deadlines:

What	Period	Basis
Informing the police (for a bodily injury claim)	30 days from the accident	Decree, art. 24
Notifying the accident to the Fund	5 years from the accident, forfeiture (no interruption or suspension)	Decree, art. 25 §1; Fund FAQ
Fund’s offer or reasoned reply (accidents on or after 12.4.2024)	3 months from the claim	art. 19bis-13/2, 13/3
Court action against the Fund’s decision	3 years from notification of the Fund’s decision	Decree, art. 25 §2
Action against the liable driver or owner	General limitation period (5 years, at most 20 years)	Former Civil Code, art. 2262bis

The Fund cannot rely on the 5-year forfeiture if it learned of the accident in some other way (Decree, art. 25 §1). Still, do not wait.

In case of disagreement: first ask for written reasons for the Fund’s decision. The Fund and the Belgian Motor Insurers’ Bureau state on their joint website that they accept the Insurance Ombudsman’s competence for their activities; write first to the Fund’s complaints service, then to the Insurance Ombudsman if that does not resolve it. If that does not help, you can go to court; do not miss the 3-year period in the table. For general time limits, see deadlines.

Checklist

Have you photographed the scene and the damage?
Have you reported to the police and obtained the report number? Within 30 days if anyone was injured?
Have you asked straight away about nearby cameras and witnesses?
If the plate is known, have you asked the Fund’s information centre for the insurer?
Does your omnium policy include “own damage” cover, and what is the deductible?
Have you notified the Fund within 5 years, preferably by registered letter?
Have you noted the Fund’s 3-month response deadline in your calendar?
If the Fund has decided, have you noted the 3-year period for going to court?

Sources

This guide is general information, not legal advice. Current as of 09.10.2026.