Civil Liability in Belgium: A Guide to Understanding its Operation and the Relationships with Insurance Companies, Brokers, and Lawyers

In Belgium, civil liability is a fundamental legal principle that governs the relationship between individuals and their environment. It comes into play when a person’s actions cause damage to another person, thereby obliging the person who caused the damage to answer for it, usually by compensating the victim. This article aims to explain how civil liability works in Belgium and to clarify the interactions between individuals, insurance companies, brokers and lawyers.

1. What is Civil Liability in Belgium?

Civil liability is based on the obligation to compensate for damage caused to others, whether material, bodily or moral. In Belgium, there are two main categories of civil liability:

Contractual civil liability: This arises from the non-performance or improper performance of a contract. For example, if a contractor fails to comply with the terms of a construction contract, he may be held liable for the resulting damage.

Extra-contractual civil liability: This applies when the damage results from an act that is not related to a contract. For example, if a person causes a road accident, they are liable to compensate other road users for the damage caused.

2. The role of insurance companies

In Belgium, to cover the risks associated with civil liability, individuals and businesses often take out civil liability insurance with insurance companies. This cover provides financial protection in the event of a claim by a third party.

Motor third-party liability insurance: Compulsory for all owners of motor vehicles, this covers bodily injury and material damage caused to others in the event of an accident.

Family Liability Insurance: Also known as ‘private life’ insurance, this covers damage caused by members of the insured’s family (including children and pets) in the course of their private lives.

Professional liability insurance: Designed for professionals, this covers the risks associated with carrying on a professional activity.

In the event of a claim, the insurance company pays compensation to the victim, within the limits of the insurance contract.

3. The role of insurance brokers

Insurance brokers play a crucial role in the relationship between policyholders and insurance companies. They act as independent intermediaries and advise their clients on the best insurance solutions for their specific needs.

Brokers help policyholders to understand the terms and conditions of different insurance policies, compare offers on the market and choose the most suitable cover. In the event of a claim, they also assist their clients with the reporting and follow-up procedures with the insurance company.

4. The role of the lawyer in the event of a claim

In the event of a claim, the lawyer plays an essential role, particularly when the policyholder’s liability is disputed or the amount of damages is at stake. The lawyer’s role is to :

Defend the insured’s interests: If the insured’s liability is called into question, the lawyer prepares the defence, analyses the evidence, and represents the insured before the courts if necessary.

Negotiating with insurance companies: The lawyer can intervene to negotiate with the insurance company in the event of a dispute over compensation or conditions of cover.

Assisting in Legal Proceedings: The lawyer guides the insured through the legal proceedings, ensuring that his or her rights are respected and that he or she obtains fair compensation.

Advising on Legal Strategies: In complex cases, the lawyer helps determine the best strategy for resolving the dispute, whether through negotiation, mediation or legal action.

5. Interactions between the parties

When a civil liability claim arises, the typical process is as follows:

Notification of claim : The insured informs his broker or insurance company of the incident. The broker can help gather the necessary information and draft the declaration.

Damage assessment: The insurance company appoints an expert to assess the damage suffered by the victim. The broker and lawyer can also assist the insured at this stage.

Compensation: If the policyholder is found to be liable, the insurance company compensates the victim. The amount of compensation is determined according to the limits set out in the insurance contract.

Ongoing advice: The broker continues to advise the policyholder throughout this process, ensuring that his or her rights are respected and that the claim is managed efficiently. The lawyer ensures that the policyholder’s legal interests are protected.

6. The importance of choosing the right partner

When it comes to civil liability, it is essential to choose a competent insurance broker, a reliable insurance company and a specialist lawyer. The broker will ensure that you are properly covered in the event of a claim, the insurance company will take care of the financial arrangements, and the lawyer will protect your legal rights.

Conclusion

Civil liability in Belgium is a complex field, but one that is crucial in protecting individuals and businesses against the financial consequences of damage caused to others. Thanks to the intervention of insurance companies, the expertise of brokers and the protective role of the lawyer, policyholders can navigate this system with peace of mind, knowing that they are protected if need be. If you have any questions or require assistance, please do not hesitate to contact me or your insurance broker.