Are you faced with a case of damage, a liability claim or a dispute with an insurer? Liability may arise in various ways: through one's own actions or omissions, or through the conduct of a person for whom one bears responsibility. The consequences can be significant, both financially and personally.
Liability law determines who is responsible for loss or damage suffered and how that loss or damage is to be remedied or compensated. Belgian law distinguishes between contractual liability arising from a breach of contract, and non-contractual liability arising from loss or damage caused outside a contractual relationship or concurrently with one.
Insurance law governs the rights and obligations between insurers, policyholders and injured parties in the settlement of claims.
A lawyer specialising in insurance and liability law can assist, in particular, individuals and businesses that have suffered loss or damage or against whom liability is alleged, as well as insurers and insurance intermediaries in need of legal assistance. As this area of law frequently intersects with other fields, such as construction law or traffic law, clients can rely on integrated and comprehensive support.
Anyone with legal questions about insurance or liability law is welcome to contact FAIRWAY. We listen, analyse and defend your interests with expertise and many years of experience.
Who is liable for the damage you have suffered depends on the circumstances in which the damage arose and on the applicable legal rules. In Belgium, a person may be held liable where, through their fault, they cause damage to another, provided that the statutory conditions for liability are met.
In certain situations, a person may also be liable for damage caused by another, for example an employer for certain faults of an employee.
In addition, special liability regimes exist, including for damage caused by animals or defective things.
Depending on the circumstances, an insurer may also step in to compensate the damage in whole or in part.
It is important to document the facts, the damage suffered and the causal link carefully. A lawyer specialising in liability law and insurance law can investigate who may be held liable, assess your rights and help you claim appropriate compensation.
When your insurer refuses to compensate your loss, it is important to establish why cover has been refused and whether that decision is legally correct. Check your insurance policy, the general terms and conditions and the reasons given for the refusal to determine whether your loss is covered.
If necessary, ask your insurer for a written, reasoned decision and gather all relevant evidence, such as photographs, invoices, expert reports and previous correspondence.
If you disagree with the decision, you may formally challenge it. In doing so, we always seek first and foremost an amicable solution, preferably through discussion and negotiation with the insurer. In this way we try to avoid lengthy and costly court proceedings.
Where an amicable solution proves impossible, court proceedings may be advisable. A lawyer specialising in insurance law can assess the refusal, examine your insurer’s obligations and assist you in obtaining the compensation to which you may be entitled.
When someone holds you liable for damage, it is important to assess the claim carefully and not to admit liability or pay compensation hastily.
Ask the other party for a clear description of the facts, the alleged fault and the compensation claimed, together with the necessary supporting documents. Also inform your insurer as soon as possible, as your family insurance, civil liability insurance or another policy may provide cover.
Keep all relevant documents, photographs and correspondence and comply with any deadlines stated in the letter or formal notice.
Whether you are actually liable depends on the specific circumstances and the applicable legal conditions. If you dispute liability or the amount of damages claimed, you may contest the claim with reasons.
A lawyer specialising in liability law and insurance law can analyse your file, examine your defence options and assist you in negotiations or any court proceedings.
In Belgium, the calculation of compensation depends on the nature of the damage, the circumstances of the event and the applicable legal rules.
The starting point is that the injured party should, in principle, be restored as far as possible to the position they would have been in had the damaging event not occurred.
Depending on the case, material damage as well as physical and moral damage may qualify for compensation. Examples include medical expenses, damaged property, loss of income, the cost of domestic help and damages for pain and suffering.
Future damage, such as permanent incapacity for work or future medical expenses, may also be compensated under certain conditions.
The damage must be sufficiently proven, for example by invoices, medical certificates, payslips or an expert report.
A lawyer specialising in liability law and insurance law can quantify your damage, assess the compensation offered and help you claim full and fair compensation.
Non-contractual liability means that you may be obliged to compensate damage you cause to someone else, even where there is no contractual relationship between you.
Under Belgian law, non-contractual liability may arise, among other circumstances, where someone causes damage to another through a fault and there is a causal link between the fault and the damage.
A fault may consist, for example, of careless conduct, a failure to comply with a legal obligation or a failure to exercise the required care.
In certain situations, special liability rules apply, for example for damage caused by animals, defective things or persons for whom you are legally responsible.
Your family insurance or another liability insurance policy may be able to compensate the damage, depending on the cover.
A lawyer specialising in liability law and insurance law can assess whether you are liable, defend your rights and guide you through any damages claim.
Where your contracting party fails to perform its contractual obligations, you can in principle bring a claim based on contractual liability.
Under current Belgian law of obligations, it is also possible, under certain conditions, to rely on non-contractual liability for damage arising in the context of a contractual relationship. The statutory conditions and any contractual clauses limiting or excluding liability must be taken into account.
Special rules may also apply where the damage results from a criminal offence or concerns physical or psychological integrity.
It is therefore not possible in every situation to invoke both grounds of liability side by side without limitation. A lawyer specialising in liability law and contract law can analyse your agreement and the facts to determine which claims are legally available and how best to recover your loss.
Yes, in Belgium directors, employees and subcontractors may, under certain conditions, be held personally liable for damage they cause.
For directors, this depends, among other things, on the nature of the fault, the applicable rules on directors’ liability and the circumstances in which the damage arose.
Employees in principle enjoy a statutory limitation of liability for damage they cause in the performance of their employment contract: they are generally personally liable only in cases of fraud, gross negligence or minor negligence of a habitual rather than occasional nature.
For subcontractors, the quasi-immunity of auxiliaries has been abolished, so that a subcontractor may be sued directly by the contracting partner of their principal.
The relationship between the various parties involved and any insurance cover also play a role.
Whether a claim for personal liability is possible must therefore be assessed on a case-by-case basis. A lawyer specialising in liability law and company law can establish who may be held legally liable and advise you on the options for recovering your loss or defending yourself against a claim.
The insurance that a business in Belgium is required to take out depends on its activities, the sector in which it operates and the staff it employs.
A business with employees is required to take out workplace accident insurance protecting employees in the event of accidents at work, both at the workplace and on the way to and from work. For vehicles used on public roads, motor third-party liability insurance is generally compulsory.
Depending on the professional activity, specific compulsory insurance may also apply, for example for certain regulated professions or construction activities.
In addition, insurance such as professional indemnity, public and products liability, legal expenses and property damage cover is often advisable, even where it is not legally required.
The absence of compulsory insurance may have financial and legal consequences.
A lawyer specialising in insurance law and liability law can advise your business on the applicable obligations, the risks and the insurance cover appropriate to your activities.
Legal expenses insurance helps you deal with legal disputes and, depending on your policy, may cover all or part of the costs of a lawyer, court costs and certain expert fees.
It may respond, among other situations, in the event of a road traffic accident, a contractual dispute, a liability issue or a dispute with your insurer.
The actual cover depends on the policy terms, any exclusions and the applicable maximum limits.
In principle, you have the right in Belgium to choose your own lawyer where the involvement of a lawyer or another independent legal representative is required in judicial or administrative proceedings, or where a conflict of interest arises with your insurer.
Your insurer therefore cannot simply require you to use a lawyer of its choice where your statutory right to free choice of lawyer applies.
A lawyer specialising in insurance law and liability law can review your policy, explain your rights and assist you in the dispute.
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