Traffic Accident With an Uninsured Driver: How to Be Compensated in Belgium
In Belgium, you are normally compensated by the auto liability insurer of the at‑fault driver after a road accident. But what happens if the other vehicle is not insured, cannot be identified, or the foreign insurer does not respond? Discover how the Belgian Common Guarantee Fund (FCGB) can step in so you do not remain without compensation.
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The FCGB (Fonds Commun de Garantie Belge) exists to protect victims when the usual path through the at‑fault driver’s insurer is impossible. Understanding how this fund works helps you secure your rights faster after a collision.
What Is the Belgian Common Guarantee Fund (FCGB)?
Auto liability insurance is mandatory for all motor vehicles using public roads in Belgium. In practice, however, there are situations where you cannot take recourse against the insurer that should legally cover the responsibility of the at‑fault driver. This may occur, for example, when the driver responsible for the accident flees and cannot be identified, or when they failed to comply with their legal obligation to insure their vehicle.
To prevent victims from being left without compensation in these complex scenarios, Belgian law has established the Fonds Commun de Garantie Belge (FCGB). This public guarantee mechanism steps in when there is no effective insurer to cover your losses, allowing you to obtain compensation for your bodily injuries and, under specific conditions, for your material damages.
For victims, the FCGB is often the only realistic recourse when traditional insurance coverage fails. Knowing its role, conditions, and limits is essential if you are involved in a serious traffic accident in 2026 and beyond.
When the Insurer Cannot Help You
- No valid motor liability insurance
- Perpetrator not identified (hit‑and‑run)
- Foreign insurer not reachable or unresponsive
- Insurer insolvent or unable to pay
Conditions for FCGB Intervention and Compensation
The FCGB intervenes only in clearly defined situations. The accident must involve a motor vehicle (for instance a car, motorbike or van). Damages caused exclusively by a cyclist or other non‑motorised road user are excluded from this specific mechanism. If your case falls within one of the categories below, you may request an intervention from the FCGB.
Typical Cases Covered by the FCGB
- If the opposing insurer cannot pay (e.g. insolvency or liquidation).
- If the responsible vehicle cannot be identified (hit‑and‑run situation).
- If the responsible vehicle is not insured in breach of legal obligations.
- If the claim results from a fortuitous case foreseen by law.
- If the responsible vehicle was stolen at the time of the accident.
- If the opposing insurer does not respond to a compensation request within the legal timeframe.
- If a foreign insurer has not appointed a claims representative in Belgium.
Geographic and Residency Conditions
When the accident occurs on Belgian territory, there is no nationality or residency condition for the injured person: any victim can potentially benefit from the FCGB’s protection.
When the accident takes place outside Belgium, the injured person must prove that they have their main residence in Belgium to be eligible for FCGB intervention.
What Exactly Does the FCGB Compensate?
The FCGB provides extensive coverage for victims’ losses, subject to specific rules and ceilings. Understanding these will help you better estimate the extent of your potential compensation after a serious accident.
The FCGB compensates all bodily injuries without any ceiling. This includes, for instance, medical expenses, loss of income due to temporary or permanent disability, and compensation for physical and psychological suffering, in accordance with the applicable legal and medical assessment rules.
The FCGB also compensates material damages, such as damage to your vehicle or certain personal belongings, up to a maximum ceiling of €100,000.
Important exception: in the case of a hit‑and‑run where the responsible vehicle cannot be identified, the FCGB covers only bodily injuries. Material damages remain at your expense, unless another insurance product (for example, comprehensive coverage) intervenes.
To benefit from FCGB intervention, you must be able to document the accident (police report, witness statements, medical certificates, etc.) and demonstrate that no ordinary motor liability insurer can be effectively called upon.
In complex cases, you can be assisted by a legal expert, lawyer, or your own insurer’s legal protection cover to prepare and follow up your claim with the FCGB under the current legislation in 2026.
The combination of these mechanisms ensures that serious victims are not left without legal and financial protection, even when the responsible driver is uninsured or unknown.
FCGB Recourse Against the Responsible Driver
When the FCGB compensates an injured person, it becomes legally subrogated to the victim’s rights. In other words, the Fund can then take direct recourse against the responsible party for the full amount it has paid out. This mechanism prevents the at‑fault driver from benefiting unfairly from the protection granted to victims.
For a driver who caused the accident and failed to fulfil their legal obligations (such as taking out mandatory motor liability insurance), the financial consequences can therefore be extremely serious. They may be required to reimburse the FCGB for all amounts advanced to the injured person, including long‑term bodily injury compensation, which can reach very high sums.
This underlines the importance, in 2026 more than ever, of complying with the obligation to insure your vehicle and of driving responsibly. Failing to do so not only exposes you to criminal sanctions, but can also jeopardise your long‑term financial stability if you are held liable for a serious accident.
Key Takeaways for Drivers in 2026
- Motor liability insurance remains strictly mandatory.
- The FCGB protects victims, not negligent drivers.
- The at‑fault, uninsured driver can be pursued for total reimbursement.
Why It Pays to Understand Your Rights After a Traffic Accident
Clarity on Compensation
Knowing the role of the FCGB helps you quickly identify who should compensate you and under what conditions, which can significantly speed up the settlement of your claim and reduce financial stress after an accident.
Better Legal Protection
Understanding your rights allows you to better prepare your file (police report, medical documents, expert reports) and, if necessary, to seek assistance from legal professionals or your own insurer’s legal protection cover.
Stronger Financial Security
By combining mandatory motor liability insurance, optional coverages and knowledge of the FCGB’s intervention, you can build robust financial protection against the often considerable costs linked to road accidents in 2026.
Protect Yourself Financially After a Traffic Accident
Whether you are a victim dealing with an uninsured driver or simply want to secure your financial future in case of an accident, taking action today is essential. Explore your options and make sure you are properly covered for 2026 and the years to come.
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