Road accident: compensation for material damage to the car

Verified 14 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)

If your car has suffered material damage in a traffic accident, you can be compensated by insurance, but not systematically. Compensation for material damage depends on the guarantees you have entered into in your contract, the circumstances of the accident and your level of liability. Before the compensation, the insurer will assess the damage and can ask for an expertise of the vehicles damaged.

To decide whether you will be compensated or not, the insurer looks at whether you have taken out the property damage guarantee and whether you have any responsibility for the accident.

Thus, depending on these circumstances, the insurer may decide:

  • Either not to take care of the material damage suffered by your vehicle
  • Or to support them in part
  • Or to fully support them

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You have not purchased the Hardware Damage Guarantee

The situation varies depending on whether you are responsible for the accident or not.

You are held responsible for the accident

If you have taken out insurance to one third, i.e. the mandatory minimum, the insurer will only cover the damage that you (or your vehicle) have caused to others.

It will therefore take care of the damage that other vehicles have suffered, but not those that affected your vehicle.

Following the accident, your insurer will generally apply an increase in your bonus-malus.

You're not held responsible for the accident

In this case, you do not have to take care of your vehicle repairs.

It is the insurer of the person responsible for the accident who has to repair the damage to your car.

If your contract so provides, your insurer can take over the repair of your car before turning to the insurer of the person responsible for the accident to claim a refund.

Since you are not responsible for the accident, your bonus-malus will not be modified.

FYI  

if the person responsible for the accident cannot be identified, you may, under conditions, be compensated by the Guarantee Fund for Compulsory Damage Insurance (FGAO).

You have purchased the Hardware Damage Warranty

You're responsible for the accident

If your vehicle is insured all risks, your insurer will pay for the repairs.

It will repair the damage that other vehicles have suffered, but also the damage suffered by yours.

In this case, most insurance contracts provide that a flat-rate part of the cost of the repair, called frankness, shall remain at the expense of insured persons.

Following the accident, your insurer will apply an increase to your bonus-malus.

You're not responsible for the accident

In this case, you do not have to take care of your vehicle repairs.

Your insurer will take care of this and will then return to the insurer of the person responsible for the accident.

Since you are not responsible for the accident, your bonus-malus will not be modified.

Warning  

in case of an accident, take care to notify your insurer within 5 business days, by sending him your copy of the well-informed statement or by using the e-statement.

If you have an accident with your car, the insurance company responsible for your compensation must offer you to carry out an assessment.

The expert appointed by the insurance shall be responsible for:

  • Identify the car, record the damage and check its likelihood with the declared circumstances of the accident
  • Determine impact point(s)
  • Establish repair options (technically and economically)
  • Validate the repair price charged by the garage
  • Define a possible age rating (on tires or radiator for example)
  • Calculate the replacement value to say expert (Vrade: titleContent) of the vehicle
  • Indicate whether the vehicle is still safe to use.

The expert report, usually drawn up under 8 to 12 calendar days, will be sent to you and the insurer.

If you wish to challenge the expert's findings, you can order a counter-expert, but you will have to pay the expert's fees.

The amount of your compensation will depend on the guarantees you have taken out and your level of liability in the accident.

Your insurer must send you at least an offer of compensation within 3 months of the declaration of an accident.

The insurer may apply a frankness if the contract so provides.

The insurer's offer of compensation takes into account the cost of repairs compared to the Vrade: titleContent.

The insurer adapts its offer depending on whether your car is repairable or not.

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Repairable vehicle

The situation varies depending on whether the cost of repair is lower or higher thanVrade: titleContent.

The cost of repairs is less than the Vrade

Repairs to the vehicle and accessories are covered by the insurer.

The cost of repairs is higher than the Vrade

The vehicle shall be considered as economically irreparable.

The insurer will offer you compensation at least equal to the insurance value.

The amount of compensation varies depending on the contract signed.

Non-repairable vehicle

If the vehicle is declared irreparable by the expert (e.g. if it is fully burned or submerged), the insurer considers it to be technically irreparable.

In this case, the insurer will offer you compensation. This compensation varies depending on the contract, but is generally equivalent to the Vrade: titleContent.

You can challenge the insurer's offer if you consider it insufficient.

You must then send a letter to your insurer to challenge its compensation proposal.

A template is available:

Challenging his insurer's offer of compensation for his damaged vehicle