Road accident: compensation for victims of personal injuries

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

If you are the victim of a road accident without being at the wheel (passenger or pedestrian) you are entitled to compensation. If you are the driver of a car involved in the accident, your compensation will depend on your level of liability in the accident and the guarantees entered into in your insurance contract. In the 2 cases, you have to take steps to obtain compensation.

The conditions for compensation are different for the drivers of the cars involved in the accident and for the other victims.

Pedestrian or passenger victim

If you are a pedestrian, or passenger who is a victim of the accident, you will be fully compensated for the damage caused by the accident. There is an exception for the case where you have intentionally caused the damage.

Example :

For example, if you threw yourself in front of a speeding car with suicidal intent.

Driver

If you are the driver of a car involved in the accident, your compensation is not automatic. This depends on your level of liability in the performance of the accident and the guarantees you have taken out in your car insurance contract. Your compensation may be total, partial or nil.

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You have no responsibility for the accident

You have purchased the damage warranty for the driver of the vehicle

If you are not found liable for the accident, you must be fully compensated by the insurance of the person who was found liable for the accident.

In the event that this person is not insured, your insurance may compensate you via the damage warranty incurred by the driver of the vehicle.

The damage guarantee for the driver of the vehicle is an optional guarantee which is generally included in the "all risks" car insurance contract.

You have not purchased the damage warranty for the driver of the vehicle

If you are not found responsible for the accident, you must be fully compensated by the insurance of the person who was found responsible for the accident.

In case this person is not insured, you will need to make a claim to the Compulsory non-life insurance guarantee fund (FGAO).

You have some responsibility for the accident

You have purchased the damage warranty for the driver of the vehicle

If you are found partially responsible for the accident and you are covered by the damage warranty incurred by the driver of the vehicle, you will be partially compensated by your insurance.

The damage guarantee for the driver of the vehicle is generally included in the "all risks" car insurance contract.

You have not purchased the damage warranty for the driver of the vehicle

If you are found partially responsible for the accident and you are not covered by the damage warranty incurred by the driver of the vehicle, you will not be compensated.

You're entirely responsible for the accident

You have purchased the damage warranty for the driver of the vehicle

If you are fully liable for the accident and you are covered by the damage guarantee for the driver of the vehicle, you may be compensated by your insurance.

However, compensation may be reduced or even nil if you have engaged in conduct prohibited by your contract.

Example :

Driving under the influence of alcohol or narcotic substances, driving a vehicle refused roadworthiness tests

You have not purchased the damage warranty for the driver of the vehicle

If you are found to be fully liable for the accident and you are not covered by the damage warranty incurred by the driver of the vehicle, you will not be compensated.

You can claim compensation as a victim of a traffic accident, but if you die your loved ones will also be able to claim compensation.

For you

You can claim compensation for the following:

  • Harm caused by pain and suffering (called pretium doloris)
  • Injury damage: permanent or temporary disability, total or partial (inability to work)
  • Aesthetic damage (scars, deformity of body parts)
  • Sexual harm (inability to perform the sexual act or procreate)
  • Loss of pleasure (inability to engage in cultural, sports, and leisure activities...)

For your loved ones

If you die, your relatives can claim compensation for:

  • Pain and suffering (the pain caused by your absence)
  • Economic damage (financial problems caused by your absence, e.g. maintenance payments)

By the victim

If you are injured as a result of an accident and you want to claim insurance from the driver who was found responsible for the accident.

You must make an accident report in the 5 working days.

You must also send the following documents to the insurance company:

  • Medical certificate or certificate of hospitalization
  • If necessary, notice of work stoppage accompanied by a letter explaining the damage suffered
  • Your duly completed copy of the accident report.

The insurance company may require you to provide medical expertise by calling you in 15 calendar days at least before the date of that examination.

You may then be assisted by a doctor of your choice.

The insurance must send you the expert's report in the 20 subsequent calendar days.

Within 3 months of the victim's request, the insurer must submit an offer covering all the elements of the damage.

If the insurance shows that your damage is not fully quantified or that liability is not clearly established, it can make you an offer no later than 8 months after the accident.

That's the most favorable time frame that will be applied to you.

Warning  

if the person responsible for the accident is unknown or uninsured, or the accident was caused by a wild animalNo, it's the Compulsory non-life insurance guarantee fund (FGAO) which will intervene, subject to conditions.

By the victim's relatives

If you have a loved one who has died in a traffic accident, you can be compensated for the non-material damage and the economic damage.

After being notified by the police or gendarmerie of the death, the insurance company must contact you to inform you of your right to be compensated.

If the company does not contact you, you can contact them yourself to tell them the nature of your relationship with the victim.

Before submitting a compensation offer covering all the elements of the damage, the insurer will wait to receive the minutes of the police or gendarmerie about the circumstances of the accident.

These elements are necessary to establish the responsibilities of the various persons involved in the accident.

Your insurer sends you an offer that you can accept or decline.

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If you accept the offer

The insurance must send you the payment 45 calendar days after your acceptance.

Please note

even if you have accepted the insurer's offer, you still have a period of 15 calendar days (from your acceptance) to withdraw.

If you refuse it

If you refuse the offer of compensation because you consider it insufficient, you can ask the insurer for a better offer (by registered letter with acknowledgement of receipt) or take legal action.

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