After a traffic accident, a lot comes at you at once: the damage to your car, possible injuries, the insurers and sometimes a prosecution before the police court (tribunal de police). What you do, fill in and say in the first hours and days often weighs heavily on the rest of the case.
We assist both drivers who are being prosecuted and victims who want full compensation.
What are you facing?
An accident is not a criminal offence in itself. Even so, the public prosecutor’s office (parquet) can prosecute you before the police court:
- if you broke a traffic rule that led to the accident, such as failing to give way or driving too fast;
- if someone was injured: since 1 September 2026, this is prosecuted as harm to physical integrity under article 218 of the Criminal Code (atteinte à l’intégrité);
- if someone died: this is then homicide in the context of traffic (homicide dans le cadre de la circulation, article 107 of the Criminal Code), and in serious circumstances, such as drunkenness or a serious speeding offence, the same offence with aggravating circumstances.
The judge can also impose a driving ban (déchéance du droit de conduire). After a serious accident, the public prosecutor can also have your licence withdrawn immediately. If you leave the scene of the accident, you also risk being prosecuted for hit and run (délit de fuite).
A lot is also at stake under civil law: who is held liable, which damage is compensated and how much? A mistake on the accident report form (constat amiable) or an incomplete damage claim can cost you a lot of money.
How we handle your case
Are you being prosecuted? We prepare you for your police interview. You have the right to remain silent and, after an accident with injuries, to consult a lawyer beforehand. We then analyse the criminal file (dossier répressif): the police findings, the sketch, the witnesses and any footage. We defend you before the police court and work on the sentence and the length of any driving ban.
Are you a victim? We make sure you receive full compensation:
- the damage to your vehicle, including loss of use (privation de jouissance) and loss of value (moins-value);
- your personal injury (dommage corporel), including permanent damage, based on the Indicative Table (Tableau indicatif) used by Belgian courts;
- as a pedestrian, cyclist or passenger, compensation under article 29bis of the Motor Insurance Act (loi relative à l’assurance obligatoire RC auto), usually regardless of who was at fault;
- if the other party is unknown or uninsured, compensation from the Motor Guarantee Fund (Fonds commun de garantie automobile).
We negotiate with the insurers and go to court if they refuse to pay. Want to know more about your rights? Contact us.