Car accident in Belgium: what to do and who is liable?

A road accident never gives any warning. A rear-end collision in a traffic jam, a cyclist you had not seen, a scrape along a parked car: in a matter of seconds, an ordinary journey turns into a situation full of questions. What should you do? Do you have to call the police? Who will pay for the damage?

What you do in the first half hour often carries a lot of weight. The photos you take, the European accident report (constat amiable) you sign and the statement you make all influence the question of liability later on. And anyone who leaves too quickly risks being prosecuted for hit-and-run (délit de fuite), even if they were not at fault.

In this overview, we explain step by step what to do after a road accident in Belgium, and how liability and compensation are dealt with. For each point, we refer you to a more detailed article.

Car accident in Belgium: what to do immediately?

Safety comes first: yours, that of the other people involved and that of road users still approaching. Article 52 of the Highway Code requires everyone involved to do what is necessary to keep traffic safe and flowing.

Make the scene of the accident safe

• Switch on your hazard lights.
• Put out the warning triangle if your car cannot leave the carriageway or is in a place where stopping is prohibited. Stand it upright, at least 30 metres in front of the vehicle on an ordinary road and at least 100 metres on the motorway. Approaching drivers must be able to see it from around 50 metres away. In built-up areas, the distance may be shorter if 30 metres is not possible.
• Wear a high-visibility vest if you get out of your vehicle on a motorway or expressway, at a place where you are not allowed to stop. This obligation applies to the driver. For passengers, it is in any event a sensible precaution.
• Get your passengers to safety, for example behind the crash barrier.

Help anyone who is injured

If someone is injured, call 112 immediately and give the necessary assistance. Anyone who leaves a person in serious danger when they could have helped without putting themselves in serious danger also commits the offence of failing to assist a person in danger (abstention coupable) under the Criminal Code. You may leave briefly to fetch help, provided you first leave your name and address with someone who stays at the scene.

Keep records and evidence

If it is safe to do so, take photos before moving the vehicles: the position of the cars, the damage, skid marks, road signs and number plates. Write down the contact details of any witnesses.

If the cars are in a dangerous position and there is only material damage, move them to the side after taking the photos. If anyone is injured, you are not obliged to move your vehicle. In that case, leave the situation as unchanged as possible until the police arrive, unless safety requires otherwise.

Your obligations after an accident: Article 52 of the Highway Code

The Highway Code (the Royal Decree of 1 December 1975) distinguishes between an accident with material damage only and an accident in which people are injured or killed. These rules continue to apply until the new Public Highway Code (Code de la voie publique) comes into force on 1 June 2027.

Situation	What you must do
Any accident	Do what is necessary to keep traffic safe and flowing.
Material damage only, both parties present	Stay at the scene and record the facts together. If you disagree, call the police. Show your identity card if asked.
Material damage only, injured party not present	If possible, leave your name and address at the scene, and in any event pass them on as soon as possible, directly or through the police.
People injured or killed	Help the injured, wait for the police until they have finished recording the facts and show your identity card if asked.
People injured, police cannot be reached	Report the accident within 24 hours at the latest to the nearest police zone or the one where you live.

Breaching Article 52 is a minor, first-degree offence. However, anyone who leaves in order to avoid the facts being recorded commits hit-and-run, which is much more serious.

The 24-hour period is not a loophole: it only applies if you genuinely could not reach the police within a reasonable time. The Court of Cassation has also held that a driver who leaves in order to avoid the facts being recorded can be convicted of hit-and-run, even if they report to the police within 24 hours.

When should you call the police after an accident?

If people are injured or killed, the police always attend. They then draw up a police report (procès-verbal, PV), the official record of their findings, and inform the public prosecutor (parquet).

If there is only material damage, the police do not come automatically. The Board of Prosecutors General has set out in a directive (circular COL 7/2009) when the police must nevertheless draw up a police report. This is the case in particular where:

• one of the drivers appears to be under the influence of alcohol or drugs;
• there is a problem with a driving licence, or a driver is driving during a driving ban (déchéance du droit de conduire);
• one of the vehicles is not insured, not registered or has not passed its roadworthiness test, or turns out to be stolen;
• one of the drivers is a minor;
• there has been a hit-and-run;
• the accident report form cannot be filled in, for example because the other party is not present;
• a serious offence caused the accident.

In addition, anyone involved can ask the police to draw up a report, for example if the other party refuses to fill in the accident report form or if you do not trust their version of events. In those cases, call 101, or 112 if anyone is injured.

After an accident, the police can require any driver who may have caused it, even the victim, to take a breath test. See our article on breath tests and breath analysis.

The European accident report form

If there is only material damage, the drivers usually fill in the European accident report form together. It replaces a police record of the facts and gives the insurers the information they need to assess liability. You can do this even if you disagree about who is at fault: each party then describes their own version.

The courts attach a great deal of weight to this document: what you sign on it is difficult to call into question afterwards. How to fill in the form correctly, what evidential value it has and what to do if the other party refuses: you will find all of this in our article on filling in the European accident report form.

Do not leave: the risk of a hit-and-run charge

Anyone who knows they have been involved in an accident and leaves in order to avoid the facts being recorded commits hit-and-run (Article 33 of the Road Traffic Act, loi relative à la police de la circulation routière). This is the case even if the accident was not their fault, and even for a minor scrape with a parked car.

Since 1 September 2026, the penalty level depends on the consequences: level 1 if there is only material damage, level 2 if someone was injured and level 3 if someone died. If anyone was injured or killed, the judge must also impose a driving ban of at least three months. You will find everything on this in our overview of hit-and-run. If you hit a parked car, also read our article on parking damage and hit-and-run.

The criminal side: can you be prosecuted after an accident?

An accident is not an offence in itself. The public prosecutor can nevertheless prosecute you before the police court (tribunal de police), particularly in three situations.

• You broke a traffic rule that led to the accident, such as failing to give way or driving too fast. These offences are classified in four degrees. See our article on traffic offences, their degrees and the procedure.
• Someone was injured. Since 1 September 2026, the new Criminal Code calls this an infringement of physical integrity under Article 218 of the Criminal Code (atteinte à l’intégrité), a level 2 offence.
• Someone died. This is then homicide in the context of road traffic (homicide dans le cadre de la circulation, Article 107 of the Criminal Code, level 3) or, where there are serious circumstances such as drunkenness or substantial speeding, homicide in the context of road traffic with aggravating circumstances (Article 107/1, level 4). See our article on causing death on the road.

Other offences may be added, such as driving under the influence or hit-and-run. The judge can also impose a driving ban. After a serious accident, the public prosecutor can have your licence withdrawn immediately, without waiting for a judgment. To find out more, read our article on immediate withdrawal of a driving licence and our overview of the driving ban.

If a police report has been drawn up for an offence under the Road Traffic Act, since 1 July 2026 you must receive a copy of it within 30 days of being identified (Article 62 of that Act).

The police interview

After an accident in which someone was injured, you are often invited to a police interview. You have the right to remain silent, you are not obliged to incriminate yourself and you can reread your statement and have it corrected. If the facts carry a possible prison sentence, as with an accident causing injury, you can consult a lawyer beforehand and have them assist you. To find out more, read our article on the police interview and your rights.

Who is liable after a car accident in Belgium?

Alongside the criminal case, there is the civil side: who has to pay for the damage? Even someone who is not prosecuted can be liable.

The basic rule: whoever is at fault pays

Anyone who causes damage through their own fault must make good that damage. For accidents on or after 1 January 2025, this rule is set out in Article 6.5 of the new Book 6 of the Civil Code. For earlier accidents, it was the former Article 1382 of the Civil Code. Breaching the Highway Code is in principle a fault.

The injured party must prove a fault, damage and a causal link between the two. If both drivers were at fault, the judge apportions liability, for example two thirds and one third.

A driver who flees is not automatically liable for the accident. However, they deprive the other party of the opportunity to prove liability, and this loss of a chance can in itself give rise to compensation.

Motor third-party liability insurance pays

Every motor vehicle must be covered by motor third-party liability insurance (Motor Insurance Act). This insurance pays for the damage the driver causes to others. The victim can claim directly from that insurer.

On the other hand, this insurance does not pay for your own damage if you are the driver at fault. For that, you need comprehensive cover (omnium) or another insurance for your own damage. If you have legal expenses insurance (protection juridique), it often covers lawyers’ and experts’ fees. In court proceedings, you are free to choose your own lawyer.

Who is at fault? It is not clear

Sometimes it is established that several vehicles were involved, but no one can prove which one caused the accident. Article 29ter of the Motor Insurance Act covers this situation. An innocent victim, who is certain to bear no liability, is then still compensated by the insurers of the vehicles that may have caused the accident, in equal shares.

Pedestrians, cyclists and passengers: Article 29bis

Vulnerable road users, such as pedestrians and cyclists, and passengers in a vehicle enjoy special protection. If they are injured in an accident involving a motor vehicle, the insurer of that vehicle compensates their personal injury, even if the driver was not at fault. The driver of the motor vehicle is not covered by this scheme. Only a victim over 14 who intended the accident and its consequences loses this protection. To find out more, read our article on vulnerable road users and Article 29bis.

The other party is unknown or uninsured

The other driver fled, or their vehicle was uninsured or stolen? You can then turn to the Motor Guarantee Fund. The Fund pays compensation in place of the missing insurer. If the person responsible is unknown, compensation is in principle limited to personal injury. How this works and which deadline you must meet: you can read about it in our article on the Motor Guarantee Fund. For compensation after a hit-and-run, also see hit-and-run, compensation and the insurer.

Which damage is compensated?

The liable party must make good the damage in full, no more and no less. This includes in particular:

• damage to your vehicle, the cost of a replacement vehicle or compensation for loss of use (privation de jouissance), and possibly depreciation (moins-value). See our article on car damage, loss of use and depreciation;
• in case of injury: medical expenses, loss of income, temporary and permanent incapacity, pain and suffering and disfigurement. The courts often use the flat-rate amounts in the 2024 Indicative Table (Tableau indicatif). See our article on the Indicative Table and personal injury;
• in a fatal accident: the non-material and material damage suffered by the relatives. See our article on compensation for relatives.

You will find a full overview of the heads of damage and how to proceed in our article on compensation after a road accident.

Civil party in the criminal case

If the other driver is prosecuted, you can join the proceedings as a civil party (partie civile). The police judge then rules in the same judgment on the penalty and on your compensation. Without a criminal case, you can summon the liable party or their insurer, also before the police court, whatever the amount (Article 601bis of the Judicial Code).

Limitation periods: how much time do you have?

After an accident, several deadlines start to run.

What	Period	Starting from
Prosecution for an offence under the Road Traffic Act	3 years	The day of the facts
Prosecution for infringement of physical integrity under Article 218 of the Criminal Code or homicide in the context of road traffic	Longer period under the Criminal Code	The day of the facts
Compensation from the liable party	As a rule 5 years	The day after the day on which you know the damage and the liable party
Claim to the Motor Guarantee Fund	5 years, cannot be extended	The day of the accident

The limitation period for the civil claim is set out in Article 2262bis of the Civil Code. If the accident is also an offence, your claim in any event does not become time-barred before the criminal prosecution. The criminal limitation periods are explained in our article on the limitation period for traffic offences.

When should you call in a lawyer?

In a straightforward accident with material damage and a clearly completed accident report form, the insurers usually settle the matter between themselves. Legal advice is nevertheless advisable if:

• you are invited to an interview as a suspect or you receive a summons (citation);
• you are injured and want full compensation, including for permanent damage;
• the insurer refuses to pay or puts the blame on you;
• the other party is unknown or uninsured;
• you are accused of leaving the scene, or your licence has been withdrawn.

Our lawyers assist both drivers who are being prosecuted and victims.

Conclusion

After a road accident, the first few minutes count. Make the scene safe, help the injured, keep a record of the facts and stay at the scene. If there is material damage, fill in the accident report form carefully together, and call the police if anyone is injured, if you disagree or if there is any doubt about alcohol or insurance.

After that, there are often two tracks: a possible criminal case before the police court and the settlement of the damage with the insurers, each with its own rules and deadlines. Do you have questions about your accident, a police interview or compensation for your damage? Get in touch with us. We will look at the possible next steps with you.

Frequently asked questions