Have you been the victim of a traffic accident and is the at-fault party unknown or uninsured? Then you may think you’re left empty-handed. Fortunately, there is the Motor Traffic Guarantee FundIn this article, we clearly and practically explain 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 Waarborgfonds is an organization that compensates traffic accident victims for damage when the damage cannot be recovered from an insurer, for example because:

• the perpetrator has fled the scene

• the vehicle was uninsured

• 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 make a claim with the Waarborgfonds in, among other cases:

1. Hit-and-run after a collision

Has the other party fled the scene 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 at-fault party did not have valid insurance? Even then, the Guarantee Fund can cover the damage.

3. Unknown perpetrator

For example in cases of:

• collision in a parking lot

• damage with no contact details left behind

What damage does the Guarantee Fund compensate?

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 most important:

✅ File a police report

With an unknown perpetrator, reporting to the police is 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 in a claim

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

These mistakes are often preventable 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 well-reasoned challenge can be mounted. This significantly increases the chance of eventual approval.

Why hire a personal injury lawyer?

A specialized personal injury lawyer:

• assesses whether you are eligible for the Guarantee Fund

• helps with gathering evidence

• files a legally well-founded application

• responds to rejections or additional questions

• ensures you don’t miss out on your rights

👉 The costs of legal assistance in case of personal injury are in principle reimbursed, also in proceedings involving the Waarborgfonds.

Conclusion: when is the Waarborgfonds important?

✔ in case of a hit-and-run
✔ in case of an uninsured or unknown perpetrator
✔ in case of personal injury and property damage
✔ when recourse against an insurer is impossible

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