Understanding Hit-and-Run Offenses and Their Impact on Compensation

In Belgium, there is a hit-and-run offense when a driver does not stop after being involved in a traffic accident. Whether they are responsible or not, the driver is legally required to stop and, among other things, complete the European accident report form with the other party. When the driver flees, it becomes much more difficult to clearly establish what happened, to determine liability and, above all, to organise subsequent compensation for victims.

The absence of the at‑fault driver creates uncertainty for both material and bodily damage. Without their identity, you cannot request a standard reimbursement from their insurer and the usual procedures are disrupted. This is why the combination of the police report, witness statements and your insurance cover is crucial to safeguard your rights.

By knowing in advance which steps to take and which protections you have subscribed to, you significantly increase your chances of being correctly compensated, even if the perpetrator remains untraceable. This is particularly important in 2026, as repair costs, medical expenses and legal fees continue to rise.

Actions to Take Immediately After a Hit-and-Run Accident

If you are the victim of an accident involving a hit-and-run, the first step is to ensure your own safety and that of any passengers. Once you are safe, you must immediately notify the police so that an official report can be drawn up. This police report will serve as a key document for your insurance claim and for any compensation request.

If witnesses were present at the scene, ask them to stay or at least note their contact details. Their testimony can help reconstruct the circumstances of the accident and more accurately determine responsibilities. Details such as the color, model or partial license plate of the fleeing vehicle, as well as photos of the scene and the damage, can also be very useful.

As soon as possible, inform your insurer of the hit-and-run and explain the circumstances in detail. Some insurers impose notification deadlines, and a quick declaration of the accident will make it easier to handle your claim. Keep all medical certificates, invoices, repair estimates: they will support your request for compensation later in the process.

How Does Your Insurance Cover a Hit-and-Run in Belgium?

From the insurance perspective, the cover you benefit from in the event of a hit-and-run depends directly on the type of policy you have taken out. If you only have mandatory civil liability (RC) insurance, the repair of your own bodywork is in principle at your expense, because this basic insurance only covers damage caused to third parties. If the perpetrator of the accident is later found or turns themselves in to the police, you can then claim compensation from that driver or their insurer, but the process may be long and complex.

Taking out Legal Protection insurance is a considerable advantage in this type of situation. This cover gives you assistance with all the administrative and legal procedures needed to assert your rights. It can also cover lawyers’ fees, expert assessments and court costs, which can be very high after a serious accident in 2026.

If you have subscribed to comprehensive Omnium insurance, the material damage to your own vehicle is generally covered by your insurer, even when the at‑fault driver is unknown or untraceable. This significantly limits your financial loss. If you do not have Omnium but have suffered serious bodily injury, you can also turn to the Belgian Common Guarantee Fund (FCBG), which may intervene to compensate victims when the responsible driver cannot be identified.