In the event of a road traffic accident (RTA) in Belgium, it is essential to understand how the loss settlement process works and what compensation can be expected. The process is governed by Belgian law on damage compensation.
Key Steps After an Accident
Acknowledgment of the Damage Claim
The insurance company confirms receipt of your damage claim. A designated claims settlement agent may act as your representative in the process.
Interaction with the Insurance Company
The agent contacts the foreign insurance company, if necessary, and requests the required documents for loss settlement, including the driver’s damage report and confirmation of insurance coverage.
Key Conditions for Compensation
- Application of Belgian Law: Compensation is granted in accordance with Belgian damage compensation laws, both in terms of liability and amount.
- Proof of Liability: Evidence of liability and involvement in the accident is required.
Compensation Limitations
- Depreciation: The insurance company does not cover losses related to the depreciation of the vehicle.
- Expert Fees: The costs of an expert assessment are covered only if the appraisal was ordered by the insurance company itself.
- Car Rental: Compensation for rental costs is possible if the damaged vehicle is essential for work. The costs are reimbursed for the repair period, but not longer than the duration specified in the expert report. Additionally, personal savings from not using one’s own vehicle are deducted (approximately 25-35%).
- Legal Fees: Out-of-court attorney expenses are not reimbursed.
Required Documents
- Police report on the accident (or other evidence, such as a European accident report);
- Repair cost estimate and photos of the damaged vehicle with a visible license plate;
- Documents confirming eligibility for VAT deduction (for commercial vehicles);
- Certificate of buyout or release of the vehicle if it is leased or financed;
- Information on the existence of a comprehensive insurance policy and whether it will be used.
Additional Questions from the Insurance Company
- Is VAT deductible? (relevant for commercial vehicles);
- Is the vehicle leased or financed? If so, a declaration of authorization for damage settlement is required;
- Is there a comprehensive insurance policy, and will it be used?
- Names and addresses of potential witnesses to the accident.
Conclusion
Once all necessary information has been received, the insurance company will proceed with reviewing the case. It is important to maintain email correspondence without changing the subject line to ensure proper case tracking.
