In the event of a traffic accident, it is customary for it to be the auto liability insurer of the driver responsible who compensates you for material and bodily damage. However, in certain cases, the damaged driver is unable to call the opposing insurer for guarantee. Our lawyer informs you about the role of the Belgian Common Guarantee Fund (FCGB) which then seems to be the only possible recourse.
The Belgian Common Guarantee Fund
Auto liability insurance is compulsory insurance for all vehicles traveling on public roads. However, it sometimes happens that recourse against the insurer which should legally cover the liability of the responsible driver is impossible.
For example, when the author of the accident fled without being identified or when he did not respect his legal obligation to insure his vehicle.
In order not to leave the victim without compensation, the law provides for the establishment of a Belgian Common Guarantee Fund, which compensates for the absence of an insurer in certain cases.
Conditions of intervention and compensation
The cases of intervention of the FCGB are as follows:
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- If the opposing insurer cannot pay
- If the responsible vehicle is not identifiable
- If the responsible vehicle is not insured
- If it is a fortuitous event
- If the responsible vehicle was stolen
- If the opposing insurer has not responded to a request for compensation
- If the foreign insurer has not appointed a claims manager in Belgium
The accident must involve a motor vehicle, which excludes damage caused by a cyclist for example.
Concerning compensation, the FCGB compensates all bodily injuries, without ceiling. The FCGB also covers all material damage with a maximum ceiling of €100,000 except in the case of hit-and-run where only bodily injury is covered.
When the accident occurs in Belgium, no nationality or residence conditions are required for the injured person.
On the other hand, when the accident takes place outside Belgian territory, the injured person must prove that they have their main residence in Belgium.
FCGB appeal
The FCGB is legally subrogated to the rights of the injured person against the person responsible for the accident up to the totality of the amounts paid.
This can therefore have serious financial consequences for the responsible driver who will have to bear all the amounts advanced by the FCGB to the injured person.
