Traffic Accident Compensation in Belgium: An Example for Europe?
| DOI | 10.1177/1023263X0301000205 |
| Date | 01 June 2003 |
| Author | Caroline van Schoubroeck |
| Published date | 01 June 2003 |
| Subject Matter | Article |
Caroline van
Schoubroeck*
10 MJ 2 (2003) 199
Traffic Accident Compensation in Belgium: an Example for
Europe?
Summary
On June 10, 2002 the European Commission adopted a proposal for a new
Motor Insurance Directive. One of the goals of this proposal is to ensure that
pedestrians and cyclists are covered by the compulsory insurance of the vehicle
involved in the accident. Examples of legislation which has already sought to do
so includes the French law (Loi Badinter in France) and Swedish law. It may be
less well-known that Article 29bis of the Belgian Act of 21 November 1989 on
the insurance against civil liability regarding the use of motor vehicles is
another example of national legislation providing such coverage, not only of
pedestrians and cyclists but also of motor vehicle passengers themselves.
Belgian law provides a specific compensation for bodily injury and death
incurred by every victim of a traffic accident involving a motor vehicle, with the
exception of the driver. This is so regardless of whether the driver or the victim
is at fault or not. This paper gives a brief overview of the key features of this
compensation regime and its subsequent statutory changes and places it within
the context of the case law.
On June 10, 2002 the European Commission adopted a proposal for a new Motor
Insurance Directive, designed to modernize and improve existing EU rules in this field.1
The proposal aims to make it easier for people to obtain motor vehicle insurance for a
temporary stay in another Member State, and to obtain short-term insurance covering
cars bought outside the owner’s Member State of residence. In addition, it would update
some existing provisions, e.g. on the minimum amount of cover motorists must have,
1. Proposal for a Directive of the European Parliament and of the Council amending Council Directives
72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and Directive 2000/26/EC on insurance against
civil liability in respect of the use of motor vehicles, Brussels 7 June 2002, COM(2002) 244 final;
[2002] O.J. C227/387 (hereafter ‘Proposal Fifth Insurance Motor Vehicle Directive’).
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