Compensation for relatives after a fatal accident in Belgium

Anyone who loses a partner, a child, a parent, a brother or a sister on the road first needs time and calm. Questions about compensation usually come later. Compensation for relatives after a fatal accident covers the costs, the financial loss and the grief alike.

No amount makes up for the loss. Compensation is, however, a recognition of what has happened to you. In this article we explain what damage relatives can claim, from whom and how. The first steps after an accident are covered in our overview car accident in Belgium: what to do?.

In short

The liable party, usually through its insurer, compensates the funeral costs, the loss of income and of help in the household, and the non-material damage suffered by relatives.
For the non-material damage of partners, children and parents, the 2024 Indicative Table (Tableau indicatif) proposes an amount between €15,000 and €45,000; for brothers and sisters, between €7,500 and €25,000.
A cohabiting partner can in principle receive the same compensation as a married partner, if the relationship was lasting.
If the victim had been at fault themselves, this can also reduce the compensation paid to relatives.
If the victim was a pedestrian, cyclist or passenger, relatives are compensated under article 29bis of the Act of 21 November 1989 on compulsory motor liability insurance, the Motor Insurance Act (loi RC auto), even if the driver was not at fault.

Who can claim compensation after a death?

The law distinguishes between two kinds of claim:

The relatives’ own damage. Anyone who had a close bond with the deceased and suffers damage themselves as a result can claim it. This is “ricochet” damage (dommage par ricochet) (article 6.27 of the Civil Code for accidents from 1 January 2025).
The damage suffered by the deceased themselves (damage ex haerede). This passes to the heirs, who claim it on behalf of the estate.

Funeral costs

The liable party reimburses the funeral costs to whoever actually paid them. This includes the coffin, the ceremony, the headstone and the meal after the funeral. So keep all invoices and proof of payment.

The judge can reduce costs considered excessive. Sometimes only part is reimbursed, for example when an adult child pays for the funeral of an elderly parent. The child would normally have borne those costs later. In that case, only the loss resulting from the expense coming earlier is compensated. If the deceased was young, the full amount is compensated.

Inheritance tax and notary fees are not compensated. They arise from the law, not from the accident.

Loss of income

If you lived partly on the income of the deceased, you suffer material damage. This mainly applies to the partner and dependent children.

The calculation starts from the net income of the deceased. The share they would have spent on themselves is deducted, because those costs disappear. What remains is the household’s loss. That amount is converted into a capital sum, usually up to the presumed retirement age, and then for the loss of pension.

A survivor’s pension is not deducted: according to the Court of Cassation, it has a cause other than the accident.

Loss of help in the household

The deceased also did household tasks: cooking, cleaning, DIY, taking the children to school. The loss of that help is a separate head of damage, and one that is sometimes overlooked. Here too, the share that was intended for the deceased themselves is deducted.

This damage also exists when the deceased had no professional income.

Non-material damage of relatives

The loss of a loved one causes grief that cannot be expressed in money. The judge must nonetheless set an amount, and usually uses the Indicative Table for this. Since 2024, the table no longer works with fixed amounts but with ranges. This allows the judge to take account of the actual relationship and the circumstances.

Relationship with the deceased	2024 Indicative Table
Partner (married or cohabiting)	€15,000 to €45,000
Child who loses a parent	€15,000 to €45,000
Parent who loses a child	€15,000 to €45,000
Brother or sister	€7,500 to €25,000
Grandparent or grandchild	€7,500 to €25,000
Loss of an unborn child	€3,000 to €9,000

Under the 2020 table, a partner automatically received €15,000.

Where you sit within the range depends on your situation: did you live together, how old were you, what was the relationship, and in what circumstances did the accident happen? The range is not a cap, either. In a judgment of 31 March 2026 of the Hainaut court (Mons division), an eight-year-old child who had lost their mother received €55,000, above the table’s ceiling. The judge took account of the child’s young age and the particular family situation.

Other people, such as a step-parent or a foster child, can also claim non-material damage if they show a special bond.

The damage suffered by the deceased (ex haerede)

If the victim did not die instantly, they themselves suffered damage between the accident and their death: pain, fear, medical costs. That damage passes to the heirs.

For non-material damage ex haerede, however, the victim must have been conscious during that period. If they were aware of their approaching death, the 2024 Indicative Table proposes compensation of €75 per day. If they remained in a coma throughout, no non-material damage is, as a rule, compensated for that period.

The cohabiting partner

In the past, unmarried partners received little or nothing. That has changed. Today, a cohabiting partner can in principle receive the same compensation as a married partner, both for non-material damage and for loss of income.

For loss of income, however, you must show that the relationship was lasting. Useful evidence: how long you lived together, children in common, a home bought together, a joint account or a cohabitation agreement.

Was the victim at fault?

If the deceased was partly responsible for the accident themselves, for example as a driver who was going too fast, the compensation for relatives is also reduced in proportion to that fault. Book 6 of the Civil Code expressly provides for this (article 6.27), and the same already applied under the old law. In 2014, the Constitutional Court saw no unequal treatment in this (judgment no. 111/2014).

Killed as a pedestrian, cyclist or passenger

If the deceased was a pedestrian, cyclist or passenger, a more favourable regime applies. Under article 29bis of the Motor Insurance Act, the insurer of the motor vehicle involved compensates the relatives’ damage, even if the driver was not at fault. The victim’s own fault then plays no role, unless the accident was intentional.

If the driver remained unknown after a hit-and-run, or was uninsured, the Motor Guarantee Fund (Fonds commun de garantie automobile) steps in. See also our article on compensation after a hit-and-run.

Civil party in the criminal case

After a fatal accident, a criminal investigation often follows, for example for homicide dans le cadre de la circulation, the offence of causing death in road traffic (road homicide). Relatives can join the proceedings as a civil party (se constituer partie civile). This gives them access to the criminal file, and the judge rules on their compensation in the same judgment.

Joining as a civil party is not an obligation. You can also negotiate with the insurer or bring separate proceedings later.

Frequently asked questions

What compensation do you receive if your partner dies?

For non-material damage, the 2024 Indicative Table proposes an amount between €15,000 and €45,000, depending on the circumstances. You can also claim the funeral costs, the loss of income and the loss of help in the household. In a young family, this material damage is often much higher than the compensation for non-material damage.

As a cohabiting partner, am I also entitled to compensation?

Yes. Case law in principle treats a cohabiting partner in the same way as a married partner. For loss of income, however, you must show that your relationship was lasting, for example through a cohabitation agreement, a shared home or joint account, or children in common. For non-material damage, the judge looks mainly at the bond between you.

Who pays for the funeral after a fatal road accident?

The insurer of the liable driver reimburses the funeral costs to whoever actually paid them. Keep all invoices and proof of payment. If the victim was a pedestrian, cyclist or passenger, this goes through article 29bis of the Motor Insurance Act, even if the driver was not at fault. In some cases only part is compensated, for example for an elderly victim.

Do I receive less if my late partner was at fault themselves?

If your partner was a driver and contributed to the accident themselves: yes. The compensation for relatives is then reduced in proportion to their fault. If your partner was a pedestrian, cyclist or passenger, that fault plays no role for the damage resulting from the death, thanks to article 29bis of the Motor Insurance Act.

How long do I have to claim compensation?

In principle, five years from the day after the day you became aware of the damage and of the person liable, with a maximum of twenty years after the accident. Against the insurer, the period is five years from the accident, extendable to ten years if you only became aware of your right later. So do not wait too long.

Have your case reviewed

We understand that legal proceedings are the last thing you want to think about after a death. We take over the contacts with the insurers and the court for you, and make sure no head of damage is overlooked. Also read our article on compensation after a road accident. Contact us.

Law as at 30 September 2026. We update this article when the rules change.

Compensation for relatives after a fatal road accident