Traffic fines and accidents: think before you pay

In short

Belgian traffic offences fall into 4 degrees; the amount and licence consequences depend on the degree.

A fine can go through four stages: immediate collection → prosecutor’s settlement → payment order → police court. The amount rises at each stage.

If an accident caused damage to someone else, immediate collection cannot be offered at all.

In an accident case, paying the prosecutor’s settlement creates an irrebuttable presumption of your fault in the civil claim. Think before you pay.

Paying an immediate collection or a prosecutor’s settlement ends the prosecution; you cannot contest afterwards. If you want to contest, do not pay (Traffic Police Act art. 65).

For offences after 1.9.2026, court fines are paid with additional décimes (×1.25); the amounts stay at early-2026 levels.

A traffic fine often looks like “pay and forget”. If you were involved in an accident, that reflex can be costly: a criminal payment can settle the fault question in your insurance file against you. This guide explains the fines system and what to watch for in accident cases.

Four degrees

Degree	Definition	Examples
1st	All other rule breaches	Not indicating, most parking rules
2nd	Offences indirectly endangering people	Not wearing a seatbelt, not giving way to the right, overtaking on the right
3rd	Offences directly endangering safety	Running a red light, holding a phone while driving
4th	Offences almost inevitably causing bodily injury in an accident	Reversing or U-turning on a motorway, entering a closed level crossing, unauthorised racing

(Road Traffic Police Act, art. 29; Royal Decree 30.9.2005)

The stages of a fine

Stage	1st degree	2nd degree	3rd degree	4th degree
Immediate collection (perception immédiate)	€64	€128	€191	€520 (non-residents only)
Prosecutor’s settlement (transaction)	€94	€176	€259	—
Payment order (ordre de paiement, settlement +35%)	€127	€238	€350	—
Police court (offences after 1.9.2026, amount payable)	€100–2,500	€200–2,500	€300–5,000	€400–5,000

An administrative fee is added: €10.67 for immediate collection and settlements, €30.56 for payment orders and convictions (2026). With a conviction or payment order you may also owe a contribution to the Fund for Victims of Crime (€250) and court costs. For speeding, the court range is €100–5,000.

The 1.9.2026 change: the new Criminal Code entered into force and traffic penalties were rewritten (Act of 25.5.2026). Statutory amounts are now multiplied by 1.25 through “additional décimes” (décimes additionnels; Act of 5.3.1952, art. 1). Result: the amounts payable are the same as for offences committed between 1.2 and 31.8.2026. For driving uninsured, there is no prison sentence for offences after 1.9.2026; the fine payable is €1,000–10,000.

Your driving licence

2nd and 3rd degree: the judge may impose a driving ban of 8 days to 5 years.
4th degree: the judge must impose a ban of 8 days to 5 years (or give reasons for not doing so).
Speeding by more than 40 km/h (30 km/h in built-up areas, 30 zones and school areas) is never settled on the spot; the case goes to court.
In an accident causing serious injury or death through serious fault, and in drink-driving or hit-and-run cases, your licence can be withdrawn immediately (15 days; the court can extend it).
A court fine not paid within 2 months can be converted into a driving ban.

Why accidents are different

No immediate collection. If the offence caused damage to someone else, even only material damage, the police cannot collect money on the spot (Road Traffic Police Act, art. 65 §1). The file goes to the prosecutor.

Prosecutor’s settlement and the presumption of fault. Where someone else suffered damage, the prosecutor can only offer a settlement if the damage has been fully repaired, or if you acknowledged your civil liability in writing and showed that the undisputed part of the damage was paid. The law adds: if the victim brings a claim in court, your payment of the settlement is an irrebuttable presumption of your fault (présomption irréfragable de sa faute; Code of Criminal Procedure, art. 216bis §4).

In practice:

It is paying the amount, not just accepting the offer, that creates the presumption.
The presumption covers “fault”; the amount of damage and whether the other party was also at fault can still be argued.
If you don’t agree with the other side on how fault should be shared, talk to your insurer or a lawyer before paying.
An immediate collection paid on the spot by mistake does not create such a presumption.

Fines and insurance are separate. The criminal file is between you and the State; fault-sharing and compensation are between the insurers and the victim. Traffic fines cannot be insured; your legal expenses insurance won’t pay the fine (Insurance Act, art. 155), but it may cover your defence costs.

Deadlines

Step	Deadline
Sending a copy of the police report when you were not stopped	30 days
Paying an immediate collection	10 days
Paying a settlement	As stated in the offer (15 days to 3 months)
Paying or challenging a payment order	30 days
Challenging a default judgment	15 days from service
Appeal	30 days
Limitation for prosecution	3 years

If you challenge a payment order, the case goes to court and the judge may impose a higher penalty. A lawyer is not compulsory at the police court, but can make a real difference where a driving ban, alcohol, repeat offending or an accident is involved.

Checklist before you pay

Do I want to contest? Then don’t pay: payment closes the case and cannot be challenged later.
Which document do I have: immediate collection, settlement offer, payment order or summons?
Did anyone else suffer damage?
If there was an accident: is fault-sharing settled? What does my insurer say?
Are the plate, place and time correct?
When does the deadline expire?

Before paying a settlement, our Accident Report Simulator can give you a preliminary fault assessment for your type of accident.

Sources

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