Have you been the victim of a traffic accident and is the perpetrator unknown or uninsured? Then you may think that you are empty-handed. Fortunately, the Motor Traffic Guarantee Fund exists. In this article we explain clearly and practicallywhen you can appeal to the Guarantee Fund, what conditions apply and how you increase your chance of reimbursement.
What is the Motor Traffic Guarantee Fund?
The Guarantee Fund is an organization that compensates damage to traffic victims if the damage cannot be recovered from an insurer, for example because:
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the perpetrator carried away
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the vehicle was uninsured
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the vehicle has been stolen
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the perpetrator has remained unknown
The fund therefore functions as a safety net for victims.
In what situations can you call on the Guarantee Fund?
You can appeal to the Guarantee Fund from, among others:
1. Continue driving after a collision
Did the other party flee after the accident and remain unknown? The Guarantee Fund can then compensate the damage, provided strict conditions are met.
2. Uninsured vehicle
Does it appear that the perpetrator did not have valid insurance? The Guarantee Fund can also take over the damage. Please note that you must always first hold the uninsured perpetrator liable for the damage yourself. This can be done, for example, with a (sample) letter for liability. Only if it turns out that the damage will not be compensated can you call in theGuarantee Fund.
3. Unknown perpetrator
For example:
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collision in a parking lot
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damage without data left behind
What damage does the Guarantee Fund reimburse?
The Guarantee Fund can, among other things, reimburse:
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material damage (car, bicycle, clothing)
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personal injury (medical costs, loss of income)
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punishment (in case of physical or psychological injury)
⚠️ Please note: in case of material damage only, a deductible often applies.
Which damage is excluded from compensation?
Not all types of damage are eligible for compensation. For example, the following situations are excluded by the Guarantee Fund:- Vandalism
- Storm damage
- (Attempted) theft
When does no deductible apply?
There is no deductible in the following cases:- If you have suffered personal injury
- When the damage was caused by an uninsured perpetrator
How long will it take before your damages are reimbursed?
The handling of your damage claim with the Guarantee Fund may take some time. On average, you should take into account a period of several weeks to a few months. This mainly depends on the complexity of the situation and the amount of information required to assess your application. In simple cases it can go faster, but sometimes the file requires additional research and it takes longer before you see the money in your account.Damage from bicycles or electric bicycles: what about?
Not all vehicle damage is covered by the Guarantee Fund. Damage caused by a regular bicycle, electric bicycle (such as a fat bike), or a pedestrian will not be reimbursed. This means that if your incident involves an e-bike or fat bike, you cannot contact theGuarantee Fund. An exception applies to damage caused by a speed pedelec. This faster electric bicycle is seen as a motor vehicle. If the damage is caused by a speed pedelec, you may be able to appeal to theGuarantee Fund.Conditions: this is where things often go wrong
The Guarantee Fund sets clear requirements. The most important:
✅ File a report
In the case of an unknown perpetrator, reporting to the police is mandatory (usually within 14 days).
Note: file a report as soon as possible. In the event of material damage after a collision, you must do this within 14 days at the latest. If there has been injury, or the perpetrator has driving off after the accident, you must even file a report within 24 hours. In many cases you can easily report it online via the website of the police. This way you can prevent your claim from being rejected by theguarantee funddue to late reporting.✅ Provide evidence
You must demonstrate that:
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the accident has occurred
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a motor vehicle caused the damage
Evidence may include:
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witness statements
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photos or camera images
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damage assessment
✅ Actively trying to find the perpetrator
The Guarantee Fund expects you to make your own efforts to track down the perpetrator. You can demonstrate this by, for example:- hang a note at the scene of the incident (such as at the supermarket)
- Post a call on social media asking witnesses to come forward
- speak directly to bystanders and take down contact details of possible witnesses
✅ Counterparty fully liable
The Guarantee Fund requires that the damage was entirely caused by the unknown or uninsured counterparty. Are you (partly) to blame for the accident? Then you are not eligible for reimbursement via theGuarantee Fund. You only have a chance of payment if the other party is 100% liable.✅ Provide cooperation
You must cooperate fully with the fund's investigation.
A claim can be rejected without (sufficient) evidence.
How can you report damage to the Motor Traffic Guarantee Fund?
Submitting a claim for damages to the Guarantee Fund is a number of clear steps. You must report your damage digitally via the reporting form on the website of the Guarantee Fund for Motor Traffic. It is important to do this as soon as possible, and no later than within 3 years after the damage occurred. If you report the damage later, your right to compensation will lapse. When completing the reporting form, you generally need the following documents and information:- Police report (if required)
- Photos of the damage and the incident
- Details of any witnesses
- Other evidence (such as a damage assessment report)
Common mistakes when making a claim
❌ No (timely) declaration
❌ Too little evidence
❌ Incomplete application
❌ Late reporting of injury
❌ Agreeing to a rejection too quickly
These mistakes can often be prevented with timely legal assistance.
What if the Guarantee Fund rejects your claim?
A rejection is not always justified. In practice we see that:
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evidence is judged too harshly
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circumstances are weighed incorrectly
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exceptions are overlooked
A substantiated defense can be submitted against a rejection. This significantly increases the chance of allocation.
Why hire a personal injury lawyer?
A specialized personal injury lawyer:
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assesses whether you are eligible for the Guarantee Fund
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helps collect evidence
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submits a legally strong application
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responds to rejections or additional questions
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prevents you from losing rights
👉 The costs of legal assistance are in principle reimbursed in the event of personal injury, also in the case of proceedings against the Guarantee Fund.
Conclusion: when is the Guarantee Fund important?
✔ in case of continuing to drive after a collision
✔ in the case of an uninsured or unknown perpetrator
✔ in case of personal injury and material damage
✔ if recovery from an insurer is impossible
The Guarantee Fund is an important safety net — provided you use it correctly and on time.