Have you been the victim of a traffic accident and is the at-fault driver unknown or uninsured? Then you might think you are left empty-handed. Fortunately, there is the Motor Traffic Guarantee Fund. In this article we explain clearly and practically when you can claim from the Motor Traffic 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 accident victims for damages when the damage cannot be recovered from an insurer, for example because:

• the offender has driven off

• the vehicle uninsured was

• the vehicle is stolen

• the perpetrator unknown has remained

The fund thus serves as safety net for victims.

In which situations can you call on the Waarborgfonds?

You can call on the Waarborgfonds for, among other things:

1. Driving off after a collision

Has the other party fled after the accident and remained unknown? Then the Waarborgfonds 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 cases of:

• a collision in a parking lot

• damage with no contact details left

Which damages 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)

• pain and suffering compensation (in case of physical or psychological injury)

⚠️ Note: for property damage only, a deductible.

Terms and conditions: this is where it often goes wrong

The Guarantee Fund sets clear requirements. The main ones:

✅ File a police report

In the case of an unknown perpetrator, filing a police report is mandatory (usually within 14 days).

✅ Provide evidence

You must show that:

• the accident occurred

• a motor vehicle caused the damage

Evidence may include:

• 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 injury too late
❌ Accepting a rejection too quickly

These mistakes can often be avoided with timely legal assistance.

What if the Guarantee Fund rejects your claim?

A rejection is not always justified. In practice we see that:

• evidence is assessed too strictly

• circumstances are weighed incorrectly

• exceptions are overlooked

Against a rejection, a reasoned objection can be filed. This significantly increases the chance of approval after all.

Why hire a personal injury lawyer?

A specialized personal injury lawyer:

• assesses whether you are eligible for the Guarantee Fund

• assists in gathering evidence

• submits a legally strong application in

• responds to rejections or additional questions

• prevents you from missing out on your rights

👉 The costs of legal assistance in personal injury cases are in principle reimbursed, including for proceedings involving the Guarantee Fund.

Conclusion: when is the Guarantee Fund important?

✔ in case of a hit-and-run
✔ in case of an uninsured or unknown driver
✔ in case of personal injury and property damage
✔ if recovery from an insurer is impossible

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