Offence: Traffic accident

Filling in the European accident report form: tips and pitfalls

9 min read

Contents
  1. What is the European accident report form?
  2. Filling in the accident report form: practical tips
  3. How much weight does the accident report form carry as evidence?
  4. “At fault” on the form: are you then admitting liability?
  5. Do you have to sign the accident report form?
  6. Adding or changing something afterwards?
  7. Is there a digital accident report form?
  8. What if the other party refuses?
  9. Frequently asked questions
  10. Have your case reviewed

After a minor collision, almost everyone takes the European accident report form (constat amiable) out of the glove box, often in the rain and at the side of a busy road. Yet this form is one of the most important documents in your case. Insurers, and later possibly the judge, rely on it first and foremost to decide who is liable.

What you fill in and sign on the accident report form will be very hard to change afterwards. In this article you will find out how to fill in the form correctly, how much weight it carries as evidence and what to do if the other party refuses to cooperate. It complements our guide car accident in Belgium: what to do and who is liable?.

What is the European accident report form?

The accident report form is a standard form, identical throughout Europe. Even drivers who do not speak the same language can fill it in together, because each box has a fixed number and position. There is a side A and a side B, one for each vehicle, and each driver keeps a copy.

It is not an admission of fault, but a record of the facts. You can therefore fill it in even if you do not agree on who was at fault.

Filling in the accident report form: practical tips

  • Take your time. First take photos, then move the cars to a safe place.
  • Fill in the identity details completely. Copy the insurance details from the other driver’s insurance certificate and check his or her driving licence. You may ask to see an identity card.
  • In box 12, tick only the circumstances that are correct, and write the number of ticked boxes at the bottom. That way nobody can add a cross afterwards.
  • Draw a clear sketch in box 13: the lanes, the direction of travel of each vehicle, the road signs, the point of impact and the position of the vehicles after the collision.
  • Mark the initial point of impact and the visible damage. An expert can then check later whether the versions match.
  • Note the witnesses in box 5, with their name, address and telephone number. You can also mention the passengers in your own car, even if their statements carry less weight.
  • Use box 14 for your remarks. If you do not agree with the other party’s version, write that down clearly.
  • Read everything again before you sign.

How much weight does the accident report form carry as evidence?

Courts take the jointly signed form as their starting point for assessing how the accident happened. After all, it reflects the drivers’ first version, without consultation with an insurer or a lawyer. Later statements that depart from it are viewed with suspicion.

Several courts treat the statements of fact as an extrajudicial admission: the acknowledgement, outside legal proceedings, of facts that work against you. In principle, you can no longer withdraw them, unless you show that you were mistaken about the facts themselves (a mistake of fact).

The case law is, however, nuanced:

  • Someone who signs without contradicting the other party’s version is as a rule deemed to accept it. That is not always the case if he or she could not read or understand it, for example because of a language problem.
  • Silence does not necessarily mean consent. The fact that you did not react to the other party’s version does not automatically mean that you agreed with it.
  • Remarks that contradict the joint sketch lose their value, because you confirmed the sketch with your signature.

“At fault” on the form: are you then admitting liability?

Many drivers write, in the heat of the moment, “I am at fault”. That is not a good idea, but it is not the end of the matter either.

The form serves to record facts. Who is liable is a legal question that the judge answers himself or herself, on the basis of the rules of the Highway Code (Code de la route).

In 1996, the Antwerp Court of Appeal ruled that a driver who had admitted fault on the form was nevertheless not liable: the other driver had broken the traffic rules. The Antwerp police court also held in 2006 that an “at fault” statement can be used as a factual element, but not as an admission on a question of law.

So describe what happened, but leave it to the insurers to draw conclusions about fault.

Do you have to sign the accident report form?

You are not obliged to sign the form. It is, however, in your interest to record the facts together. If you fundamentally disagree with what the other driver wants to write, you have two options:

  • you sign, but clearly set out your own version and your objections in box 14;
  • you do not sign and ask the police to make the findings.

Never sign a form that is largely blank or that you have not been able to read through.

Adding or changing something afterwards?

According to the case law, a sketch added by one party alone after signing has almost no value: it is one-sided. The same applies to witnesses who only turn up weeks later. Because the other party has not had the opportunity to look for witnesses itself, judges usually disregard them, unless there are special circumstances.

Not everything is set in stone, though. If objective data, such as camera footage or an expert report, show that the sketch was inaccurate or incomplete, the judge can take that into account. So report an error to your insurer in writing quickly, with your evidence.

Is there a digital accident report form?

Yes. Assuralia, the professional association of insurance companies, offers the free app Crashform. It lets you fill in the European accident report form together on a smartphone. By scanning the QR code on the insurance certificate, the details are filled in automatically. You can add photos, both parties sign digitally and the form goes straight to the insurers.

As to content, the same rules apply as for the paper form: check the other party’s version before signing. A paper form in the car remains useful in case a smartphone battery is flat.

What if the other party refuses?

If the other driver refuses to fill in the form or to give his or her details, do not get into an argument. Note the number plate, the make and the colour of the vehicle and take photos. Call the police. The guidelines of the prosecution service provide that the police draw up a police report (procès-verbal) when the parties do not want to fill in the form together.

If the other driver leaves in order to avoid the findings being made, this may amount to hit-and-run. In that case, file a complaint immediately. If the person responsible remains unknown, read our article on the Motor Guarantee Fund.

Frequently asked questions

Can I still change an accident report form after signing it?

Not on your own. What both parties signed together remains the starting point. A sketch or remark that you add alone afterwards has little value. You can, however, inform your insurer in writing that a detail is incorrect and provide objective evidence, such as photos, camera footage or an expert report. The judge can take that into account if the evidence is convincing.

Do I have to fill in an accident report form if I am not at fault?

Yes, it is advisable. The form records the facts and is precisely the evidence you will need later to show that the other party was at fault. Anyone who refuses to cooperate loses an important means of proof. If you do not agree with the other driver’s version, write down your own version in the remarks box or call the police.

What if I wrote “at fault” on the accident report form?

All is not lost. Who is liable is a legal question that the judge assesses himself or herself on the basis of the facts and the traffic rules. Courts have already ruled that a driver who had admitted fault was nevertheless not liable. What counts are the facts you described: the manoeuvres, the sketch and the damage. In that case, have your case reviewed.

How soon must I send the form to my insurer?

Send it as quickly as possible. Most policies ask you to report a claim within a few days, often within eight days. If you are late, you do not automatically lose your cover, but the insurer can reduce its payment if it suffers a loss because of the delay. With the Crashform app, the form goes digitally to the insurers straight away.

Have your case reviewed

Is the insurer disputing your version of the accident, or did you sign a form that you can no longer stand behind? We examine the form, the photos and the other evidence and tell you honestly what your chances are. Contact us. Also read our article on car damage, loss of use and depreciation.

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

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