The negotiations as part of the review of the Model Agreement and the wish to adjust the Law to the evolution of case law led to some notable changes to the Law on mandatory liability insurance of motor vehicles. We describe five of these changes.
First, the definition of a motor vehicle has been adjusted to the new means by which we move today.
Second, coverage of luggage belonging to passengers of the vehicle can only be excluded in case of proven fraud.
Third, coverage of the person liable for someone else’s actions is no longer limited to the employer.
Fourth, the insurer does no longer have to prove the causal link between the absence of a valid driver’s license and the accident in order to exercise his right of recourse.
Last, only damage suffered by innocent victims and their beneficiaries has to be compensated when two or more vehicles are involved in a traffic accident and when it is impossible to determine which vehicle caused the accident. The concept of “innocent victims” only includes persons who are certainly not liable for the accident.
Schuermans advocaten remains available to assist with the adjustments to insurance documents and with the interpretation of insurance policies.
- Schuermans advocaten can provide a Dutch or French version of this article on request. -