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Does the Waarborgfonds have an own risk in case of car damage?

Sometimes, through no fault of your own, you incur car damage that you cannot recover from anyone. For example, if the perpetrator flees after the damage or if the perpetrator turns out to be uninsured. In theory, you would pay for the repair costs yourself even though you are not liable for the damage. To prevent this, the Motor Traffic Guarantee Fund was established. If you have damage caused by an unknown or uninsured perpetrator, they will in some cases compensate the damage. However, this sometimes involves an excess. In this article on Alpina.nl we explain if and when the Motor Traffic Guarantee Fund deducts an excess.

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Guarantee Fund own risk

Own risk Guarantee fund

The Motor Insurance Directive stipulates that every country in the EU must have a Guarantee Fund. This directive makes a distinction between damage caused by an uninsured motor vehicle and damage caused by an unknown motor vehicle. There may also be a stolen vehicle or a person with exemption from the obligation to take out insurance due to reasons of conscience. Whether you pay an excess depends on the situation. We explain it below.

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Car damage caused by an uninsured vehicle

If you are hit by an insured car, you would receive full compensation for the car damage from the other party's insurer. After all, you are not liable for the damage caused and therefore there is no excess. Also if you are hit by an uninsured motor vehicle, no excess applies. The Waarborgfonds compensates the damage and recovers as much as possible from the perpetrator.

Car damage caused by an unknown vehicle

The Guarantee Fund compensates both material damage and personal injury, as long as it is caused by a motor vehicle. This means that they also compensate damage to your bicycle, car, garden fence or house facade. In the event of material damage caused by an unknown perpetrator, you have an excess of €250.

Car damage caused by a stolen vehicle

Just imagine: you are unexpectedly hit by another driver. The perpetrator suddenly takes off and you are left behind with considerable damage to your car. It later transpires that the vehicle has been stolen. What to do now? In case of a stolen vehicle the same rule applies as with an uninsured vehicle. The Waarborgfonds does not apply an own risk.

Exemption from the obligation to take out insurance due to a state of mind

Perhaps the person who caused the car damage to you does not have car insurance because of an objection to his or her convictions. If a person has objections to any form of insurance due to his or her philosophy of life, this is considered to be a conscientious objector and they will be exempted from the obligation to have insurance. They therefore pay an annual contribution to the Fonds Middelen Gemoedbezwaren (FMG). The FMG then recovers as much as possible of the costs in case of damage from the liable people. The Guarantee Fund performs the work for the FMG and does not apply any excess in these situations.

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