Have you been the victim of a traffic accident and is the perpetrator unknown or uninsured? Then you may think that you are left empty-handed. Fortunately, there is the Motor Traffic Guarantee FundIn this article, we explain clearly and practically when you can make a claim on the Guarantee Fund, which conditions apply and how you can increase your chance of compensation.

What is the Motor Traffic Guarantee Fund?

The Guarantee Fund is an organization that compensates traffic victims for damages when the damage cannot be recovered from an insurer, for example because:

• the perpetrator has driven off

• the vehicle uninsured was

• the vehicle is stolen

• the perpetrator unknown has remained

The fund thereby serves as a safety net for victims.

In which situations can you call on the Guarantee Fund?

You can make a claim on the Guarantee Fund in, among other situations:

1. Driving off after a collision

Has the other party fled after the accident and remained unknown? Then the Guarantee Fund can compensate for the damage, provided that strict conditions are met.

2. Uninsured vehicle

Does it turn out that the person responsible had no valid insurance? In that case, the Guarantee Fund can also cover the damage.

3. Unknown perpetrator

For example in the case of:

• a collision in a parking lot

• damage with no contact details left

What damage does the Guarantee Fund cover?

The Guarantee Fund can cover, among other things:

• property damage (car, bicycle, clothing)

• personal injury (medical expenses, loss of income)

• compensation for pain and suffering (for physical or psychological injury)

⚠️ Note: for property damage only, there is often a deductible.

Terms and conditions: this is where things often go wrong

The Guarantee Fund sets clear requirements. The most important:

✅ File a police report

If the perpetrator is unknown, reporting to the police mandatory (usually within 14 days).

✅ Provide evidence

You must demonstrate that:

• the accident occurred

• a motor vehicle caused the damage

Evidence can consist of:

• witness statements

• photos or camera footage

• damage assessment

✅ Cooperate

You must fully cooperate with the fund’s investigation.

Without (sufficient) evidence, a claim can be rejected.

Common mistakes when filing a claim

❌ No (timely) report
❌ Insufficient evidence
❌ Incomplete application
❌ Reporting an injury too late
❌ Accepting a rejection too quickly

These mistakes can often be avoided with timely legal help.

What if the Waarborgfonds rejects your claim?

A rejection is not always justifiedIn practice we see that:

• evidence is assessed too strictly

• circumstances are weighed incorrectly

• exceptions are overlooked

Against a rejection, reasoned defense can be raised. This significantly increases the chance of being granted after all.

Why hire a personal injury lawyer?

A specialized personal injury lawyer:

• assesses whether you qualify for the Guarantee Fund

• helps with gathering evidence

• hands a legally strong application in

• responds to rejections or additional questions

• prevents you from missing out on rights

👉 The costs of legal assistance in personal injury cases are in principle reimbursed, also in proceedings with the Guarantee Fund.

Conclusion: when is the Guarantee Fund important?

✔ in a hit-and-run
✔ when the perpetrator is uninsured or unknown
✔ when there is personal injury and property damage
✔ when recovery from an insurer is impossible

The Guarantee Fund is an important safety net — provided you use it correctly and on time.