Green Card Bureau Compendium

Question N° 1

1.
What was the date of the original Law, which introduced Compulsory Third Party Motor Insurance and of its entry into force?

1st July 1956, entered into force on 1st January 1957.

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2.
What is the date of the present Law and of its entry into force?

21st November 1989 entered into force on 6th May 1991.

Question N° 2

1.
Which are the classes of motor vehicles for which insurance is compulsory?

All motor vehicles if considered to be participating in road traffic (on public road, in a public area or an area opened to a certain number of persons entitled to use this area).

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2.
Which are the classes of motor vehicles, if any, exempted from compulsory insurance?

Vehicles belonging to the State and to other public entities.

Question N° 3

Is the Law applicable to foreign visitors?

Yes.

Question N° 4

Does the Law apply in respect of liability for both personal injury and damage to property?

Yes.

Question N° 5

What is the minimum limit of liability required for the Personal Injury damage? State the minimum value of sum insured, date with effect from and please indicate whether the limit is per accident or per victim.

Type of vehicle	Personal injuries		Material damage (cover may be limited to an amount of no less than)
	All	Unlimited cover		100.000.000 €

 

With effect from 17/03/2007

 

Comment:

However the following can be excluded from the insurance cover: damage to the goods transported in the vehicle except for clothing and personnal items belonging to the passengers. The guarantee for personal and clothing items may be limited to 2.478,93€ per person.

Question N° 6

1.
Does the Law require cover in respect of passengers carried in the vehicle?

Yes.

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2.
Is there any category of passenger excluded from this cover?

The driver of the vehicle may however be excluded from compensation when he/she has not suffered any bodily injury.
• The driver of the vehicle.

Question N° 7

Under which conditions of the Policy is an Insurer permitted by Law to reject a Third Party Claim? Please specify.

The Law prohibits an Insurer to rely upon the conditions of the Policy to refuse to compensate a third party victim except when he can invoke the absence of liability cover of the thief or of the person having concealed the vehicle or seized it by an act of violence. (Law of 21/11/1989 - Art.3).

Question N° 8

Is there a direct right of action by a Third Party against an Insurer?

Yes.

Question N° 9

Does a claimant resident in a foreign country have a direct right of action against the local Bureau or the Insurer representing the Bureau?

Yes : right of direct action against the local Bureau designated as guarantor of compensation by Law.
No, against the Insurer.

Question N° 10

1.
Does the Law in your country require the Insurer and/or Bureau to make an offer of compensation to a claimant within a specified time?

Yes.

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2.
If yes, what is the nature of the damages to which the time-limit applies?

Material damage and bodily injury.

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3.
What is the specific time-limit?

3 months from the date of notification of the claim in compensation.

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4.
Which are the other provisions of the Law in this respect? (for ex. sanctions)

Sanction: payment of an additional amount to the victim, calculated on the basis of the legal interest (currently 6%)

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5.
Are there any similar stipulations for provisional payments?

Yes

Question N° 11

1.
Is there a limitation period for legal proceedings against the Insured or the Insurer? If yes, please specify.

Any legal claim for damage based on extracontractual liability is subject to limitation at the expiry of 5 years from the day following the date at which the injured party got knowledge of his/her damage or its aggravation and of the identity of the person responsible for the said damage.

In any case a limitation period applies at the expiry of 20 years from the day following the date of occurrence of the event having caused the damage.
The limitation period for legal proceedings introduced by an injured party against the insurer of the responsible person is in principle of 5 years from the date of the event having caused the damage or, in case of a penal offense, from the date of the said penal offense.

If the victim brings proof of the fact that he/she only became aware of his/her right to act against the insurer at a subsequent date, the period only starts to run from that date without exceeding 10 years from the date of the event having caused the damage.

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2.
Are there any provisions in the Law which allow for the suspension or extension of that limitation period? If yes, please specify.

Yes. The period of limitation is suspended in case of persons under age, deprived of their civil rights or legally incompetent and in case of force majeure.
The injured party interrups the limitation of his/her action by informing the insurer of his/her wish to obtain compensation for the damage suffered by him/her. This interruption opens a new period of limitation equal in time to the former period. This interruption ends when the insurer notifies the victim in writing of its decision whether or not to compensate him/her.
However, the 10 years period is a period of foreclosure.

Question N° 12

[Note: Questions addressed to non-EEA Bureaux only. For EEA Bureaux, see Section 2 & 3]

1.
Is there a Guarantee Fund in your Country?

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2.
If yes, what are the conditions and limits of intervention of the Guarantee Fund?

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3.
Are they applicable to non-residents whether they are the cause of, or victims of, accidents?

Question N° 13

Any other special features?

System of strict liability for the benefit of pedestrians, cyclists or drivers or motorised wheelchairs which can be driven by a handicapped person, for accidents after 01.01.1995.

System of strict liability for the benefit of passengers, for accidents after 01.07.1995.

Guarantee Fund Compendium

Question N° 1 - Unidentified or uninsured vehicles

1.
What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 2nd MID? Please specify.

Fonds Commun de Garantie Automobile- Gemeenschappelijk Motorwaarborgfonds
Rue de la Charité 33 bte 1, B-1210 Bruxelles

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2.
What is the legal nature of the organisation?

Private

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3.
On what legal basis is it authorised to carry out compensation?

Law

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4.
Is compensation by this body subsidiary?

No

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5.
If the compensation is subsidiary, which entities are excluded?

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6.
Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

Yes

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7.
If yes to question 1.6, what do these specific provisions consist of? Please specify briefly.

The Guarantee Fund , if acting as Compensation body is only allowed to apply the Law of the State where the accident occured.
Recourse of the Guarantee Fund againts the liable person is total.
If the outlays of social security bodies are superior to the amount due by virtue of common law, the Guarantee Fund only pays the common Law amount.
The recourse of social security bodies cannot affect the compensation of non economical damages

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8.
Are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was uninsured, excluded from the intervention of the body?

No

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9.
In the event of an accident caused by an unidentified vehicle, is the intervention of the body subject to specific provisions as regards the compensation of damage to property?

Yes

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10.
If yes to question 1.9, what are the specific provisions? Please specify briefly.

Compensation of damage to poperty only if the accident caused significant bodiliy injury

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11.
If yes to question 1.9, what are the conditions provided for by your legislation so that the damage to property may be considered as significant? Please specify briefly.

Significant bodily injury :
death, or
disability during at least 1 month,or
hospitalization of at least 7 days,or
permanent disability of at least 15 %

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12.
If the injured party is not a resident of an EEA Member State, can it benefit from the intervention of the body?

Yes

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13.
What periods of limitation are the demands for compensation addressed to the body subjected to? Please specify briefly.

5 years starting from the date of the accident

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14.
According to Directive 90/232/EEC, Article 4 “In the event of a dispute between the body referred to in Article 1 (4) of Directive 84/5/EEC and the civil liability insurer as to which must compensate the victim, the Member States shall take the appropriate measures so that one of these parties is designated to be responsible in the first instance for paying compensation to the victim without delay”. Which of these parties has been designated in your country to be responsible in the first instance for paying compensation to the victim in the event of a dispute between the body and the insurer responsible for civil liability as to which must compensate the victim? Please specify.

The Guarantee Fund

Question N° 2 - Stolen vehicles or vehicles obtained by violence

1.
Has your Member State made use of this possibility?

Yes

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2.
If yes to question 2.1, what are the conditions provided in the event of compensation for damage to property? Please specify briefly.

Always, if the stolen vehicle is held responsible.
The insurance undertaking still has to cover the accident if the driver of the stolen vehicle remains unknown.

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3.
If yes to question 2.1, are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was stolen, excluded from the intervention of the body?

Yes

Question N° 3 - Other cases of intervention by the body

1.
Do the legislation of your Member State provide for other situations where the injured party can claim compensation from the body after a road traffic accident?

Yes

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2.
If yes to question 3.1, what are these situations?

Force majeure exempting a driver from liablity
Bankrupcy or withdrawal of authorization of the insurance undertaking

Compendium Compensation Body

Question N° 1

What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 4th MID? Please specify.

Fonds Commun de Garantie Automobile - Gemeenschappelijk Motorwaarborgfonds
Rue de la Charité 33 bte 1
B- 1210 Bruxelles

Question N° 2

What is the legal nature of the organisation?

Private

Question N° 3

On what legal basis is it authorised to carry out compensation?

Law

Question N° 4

Is compensation by this body subsidiary?

No

Question N° 5

If the compensation is subsidiary, which entities are excluded?

Question N° 6

Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

Yes

Question N° 7

If yes to question 6, what do these specific provisions consist of? Please specify briefly.

The Guarantee Fund, if acting as Compensation body , shall only apply the Law of the State of the accident

Question N° 8

In your Member State, does the victim who has requested compensation to a Compensation Body following one of the situations stated in articles 6 and 7 of the 4th Directive have the possibility of filing an appeal against the decision made for him/her by this Body?

Yes

Question N° 9

If yes to question 8, this appeal must be brought to (the court, an administrative authority, etc.):

The court
Other: OMBUDSMAN
If a Belgian resident requests compensation to the Belgian CB and the request is rejected by this body, the victim, instead of starting immediately a court procedure against the Belgian CB, may prefer to seek first for a mediation by the Ombudsman ( Ombudsman des Assurances) by addressing a "complaint" to the latter. We know this is not to be understood as an "appeal" strictly spoken, but nevertheless it may be considered also as a way to invite the CB to reconsider a decision. The victim is allowed to use this way also if the delay of response would be unsatisfactory.