In the event of a traffic accident, it is customary for the auto liability insurer of the responsible driver to compensate you for material and bodily damages. However, in some cases, the injured driver is unable to call upon the opposing insurer for coverage. Our legal expert informs you about the role of the Belgian Common Guarantee Fund (FCGB), which then seems to be the only possible recourse.
The FCGB
Auto liability insurance is mandatory for all vehicles traveling on public roads. However, it sometimes happens that recourse against the insurer who should legally cover the responsibility of the responsible driver is impossible.
For example, when the perpetrator of the accident has fled without being identified or when they have not fulfilled their legal obligation to insure their vehicle.
To ensure that the victim is not left without compensation, the law has provided for the establishment of a Belgian Common Guarantee Fund, which compensates for the absence of an insurer in certain scenarios.
Conditions for Intervention and Compensation
The cases for FCGB intervention 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 case
- If the responsible vehicle was stolen
- If the opposing insurer has not responded to a compensation request
- If the foreign insurer has not appointed a claims manager in Belgium
The accident must involve a motor vehicle, which excludes damages caused by a cyclist, for example.
Regarding compensation, the FCGB compensates for all bodily injuries, without a ceiling. The FCGB also covers all material damages with a maximum ceiling of €100,000 except in the case of a hit-and-run where only bodily injuries are covered.
When the accident occurs in Belgium, no nationality or residency condition is required for the injured person.
However, when the accident occurs outside Belgian territory, the injured person must prove that they have their main residence in Belgium.
Recourse of the FCGB
The FCGB is legally subrogated to the rights of the injured person against the responsible party for the full amount 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.