Parking damage and hit and run in Belgium: what to do

A scratch while pulling out of a space in the supermarket car park. A wing mirror that clips a parked car in a narrow street. The owner is nowhere to be found. If you simply drive off, you risk prosecution for leaving the scene of an accident, commonly called hit and run (délit de fuite), even for minor damage to a parked car. In practice, parking damage is one of the most common forms of hit and run.

Yet many people do not know exactly what to do when the owner is not there. Is a note on the windscreen enough? Should you call the police? In this article, we set out the rules, both for the person who caused the damage and for the person who discovers it. The general rules are covered in our overview of hit and run.

Is driving off after parking damage hit and run?

It can be. Article 33 of the Road Traffic Act (loi relative à la police de la circulation routière) punishes anyone who knows they have been involved in an accident and flees in order to avoid the findings being made. Hitting a parked car is an accident. It does not matter that the damage is minimal, and it does not matter whether or not you were at fault.

There is no hit and run if you genuinely did not notice the impact, or if you got out, looked and saw no damage. These defences are discussed in our article on defending a hit and run charge.

Is a car park a public place?

Often, yes. Hit and run does not only apply on the public road, but in any public place. That includes land open to the public, but also private land that a certain group of people may access.

Customer car park. On 13 December 1971, the Court of Cassation ruled that the car park of a department store, open to customers, is a public place.
Pay car park. The police court (tribunal de police) of Hasselt reached the same decision on 10 December 1979 for a pay car park.
From private to public. On 12 September 2023 (P.22.1673.N), the Court of Cassation ruled on a driver who was leaving a private car park to pull out onto the public road and who damaged the planting between the car park and the road in doing so. The whole manoeuvre falls under the Highway Code (Code de la route), so the accident happened in a public place.

A strictly private driveway or garage, used only by the residents, does not in principle count.

What should you do if the owner is not there?

Article 52 of the Highway Code governs this situation for accidents causing only material damage. If the injured party is not present, you must:

as far as possible, leave your name and address at the scene;
in any event, give these details to the injured party as quickly as possible, directly or through the police.

The note under the windscreen wiper

A note is a good first step, but not a complete solution. It can blow away, get wet or be taken by a passer-by. Afterwards, it is difficult to prove what it said.

On the note, give your name, address and telephone number, your number plate and a short description. Take a photo of the note under the windscreen wiper, of the damage and of the other vehicle’s number plate.

Notifying the police

If you cannot find the owner, notify the police as well. Call the local police or make a report at the nearest police station. That way, you will have written proof that you had no intention of evading your obligations. Ask for a reference number or a copy of your report.

Also call your own motor liability insurer (assureur RC auto). It is the insurer that will compensate the owner’s damage. You will only be able to fill in a European accident report form (constat amiable) together once the owner gets in touch.

Situation	What you would be wise to do
Owner nearby	Make the findings together, fill in an accident report form
Owner cannot be found	Note with your details, photos, notify the police
Disagreement or doubt	Ask the police to come to the scene
You only noticed later	Notify the police and your insurer as quickly as possible

Coming forward later: too late?

Hit and run is an instantaneous offence. It is committed at the moment you leave with the intention of avoiding the findings. Coming back afterwards or coming forward does not undo the offence.

On 23 January 2008 (P.07.1437.F), the Court of Cassation ruled that a conviction remains lawful even if the driver had given their name and address to the police within 24 hours. On 2 June 2015 (P.13.1344.N), the Court added that the rule on providing your details does not apply to someone who leaves with the intention of evading the findings.

Coming forward quickly and spontaneously nevertheless remains important. It can show that you had no intention of fleeing, for example if you genuinely could not find the owner at the scene. And it carries weight in the penalty.

What penalty do you face for parking damage?

Since 1 September 2026, a hit and run causing only material damage is punished with a level 1 penalty under the new Criminal Code (Code pénal). The judge may impose a driving ban (déchéance du droit de conduire), but is not obliged to. The judge may also impose reinstatement exams (examens de réintégration). What a driving ban involves is explained in our article on the driving ban.

If the intention to flee is lacking, the judge can requalify the facts as an offence under Article 52 of the Highway Code. That is a first-degree offence, much lighter and in principle without a driving ban.

Your car was hit and the person responsible drove off

If you are the victim yourself, these are the steps:

Gather evidence. Photos of the damage, of the location and of any paint traces. Note down witnesses and their contact details.
Look for camera footage. Quickly ask the car park operator, shops or neighbours whether there is any footage. Camera footage is often deleted after a short time. The operator cannot simply show it to you, but can pass it on to the police.
File a complaint with the police. Without a complaint, there is no investigation into the number plate of the person responsible.
Notify your insurer. If the person responsible is known, their motor liability insurer compensates your damage. If they remain unknown, everything depends on your own policy. Comprehensive cover (omnium) or own-damage cover can pay for the repair, sometimes with an excess.

The Motor Guarantee Fund

The Motor Guarantee Fund compensates victims when the person responsible has not been identified. For mere bodywork damage caused by an unknown vehicle, that is generally not the case. The Fund then mainly compensates personal injury. Material damage only comes into consideration if someone suffered significant physical injury in the same accident. For a scratch on a parked car caused by an unknown driver, you therefore depend on your own insurance.

Frequently asked questions

Is leaving a note enough after parking damage?

It is a good first step, but you had better not stop there. The Highway Code requires you to leave your name and address and in any event to give these details as quickly as possible, directly or through the police. A note can disappear. Take a photo of it and notify the police as well. That way, you will be able to prove later that you did not want to flee.

Is a supermarket car park a public place?

Yes. A car park open to customers or the public is a public place. That is also the case for a pay car park. Anyone who hits another car there and drives off without doing anything can therefore be prosecuted for hit and run. Only a strictly private place, such as your own driveway, does not in principle count.

I only noticed the damage once I got home. What should I do?

If you genuinely did not notice the impact, you had no intention of fleeing and there is no hit and run. In that case, report the accident to the police and your insurer immediately, as soon as you realise. If possible, go back to the scene. The faster you react, the more credible your explanation. Waiting for the police to contact you weakens your position.

Will my damage be paid for if the person responsible remains unknown?

Usually not by the Motor Guarantee Fund. Where the vehicle is unknown, the Fund mainly compensates personal injury, and material damage only if there was also significant injury. For bodywork damage, you depend on your own comprehensive or own-damage cover, if you have it. Always file a complaint with the police: if the person responsible is found later, their motor liability insurer pays.

Will I get a driving ban for hit and run after parking damage?

It is possible, but not mandatory. For hit and run with only material damage, the police court judge decides whether to impose a driving ban. The judge takes into account the extent of the damage, the reason for fleeing, your record and whether or not you came forward. If you have a previous conviction for hit and run or for another serious traffic offence within three years, stricter rules apply.

Have your case reviewed

Have you received a notice to attend an interview or a summons (citation) to appear after parking damage? We check whether it really is hit and run and which defences are available. Contact us. Also read what to do after a road accident.

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

You hit a parked car and drove off: is it hit and run?