Have you been the victim of a traffic accident and is the perpetrator unknown or uninsured? Then you might think you’re 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 Waarborgfonds is an organization that compensates traffic victims for damage if 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 turn to the Guarantee Fund for, among other things:

1. Hit-and-run

Has the other party fled the scene 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 appear that the at-fault party did not have valid insurance? Even then, the Waarborgfonds 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 damages does the Waarborgfonds cover?

The Waarborgfonds can, among other things, cover:

• property damage (car, bicycle, clothing)

• personal injury (medical expenses, loss of income)

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

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

Terms and conditions: this is where it often goes wrong

The Guarantee Fund sets clear requirements. The most important:

✅ File a report

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

✅ Provide evidence

You must demonstrate that:

• the accident took place

• a motor vehicle caused the damage

Evidence can include:

• witness statements

• photos or camera footage

• damage assessment

✅ Cooperate

You must fully cooperate with the fund’s investigation.

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

Common mistakes in a claim

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

These mistakes are often preventable with timely legal help.

What if the Waarborgfonds 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

A rejection can be challenged with a reasoned defense. 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 Waarborgfonds

• helps gather evidence

• submits a legally strong application

• responds to rejections or additional questions

• prevents you from missing out on entitlements

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

Conclusion: when is the Guarantee Fund important?

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

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