Accident

  • Pending final and full reimbursement by the party liable for reimbursement, CM is responsible for the (partial) reimbursement of the medical costs and a benefit due to disability .
  • The party liable for compensation is obliged to compensate for all consequences of the accident. That is why it must also repay CM's reimbursements when it comes to the costs resulting from the accident.
  • It is important that you inform your lawyer, legal expenses insurer or CM carefully before signing a final settlement. This way you avoid being insufficiently compensated for the consequences of the accident or having to bear costs yourself afterwards.
  • Because you cannot receive double compensation for the same damage, CM will adjust its refunds to the amount you received.
    Example: does the medical expertise judge that you are entitled to three physiotherapy sessions per week - also in the future? Then the other party must repay you in full. You will not receive a refund from CM for those physical treatments.

Only the damage caused by the accident must be compensated.

Example: Are you injured in your left leg during an accident? Then the person liable for reimbursement only has to pay the costs for care for your left leg.

  • Medical evaluation
    To determine what damage is the result of the accident, a medical expertise will usually take place. The appointed doctor will:
    • determine when your injuries have stabilized to such an extent that no further improvement or deterioration can be expected;
    • determine what damage has already been suffered as a result of the accident;
    • describe what damage will or could occur in the future as a result of the accident.
    • Example
      Every year you must have a scan of your left leg for a check-up. The person liable for reimbursement must bear these annual costs. Or the expert determines that premature osteoarthritis may occur as a result of the accident. If this occurs, the party liable for reimbursement must also bear these costs.
       
  • Final settlement
    Once the damage has been described, the party liable for compensation will attempt to fully and definitively compensate all consequences of the accident. This can be done by means of a settlement or amicable settlement. Or as a result of a judicial decision if an amicable settlement is not possible.

  • The person who caused the damage
    For example: the person who causes a traffic accident by excessive speed or failure to give way.
     
  • The person responsible for damage that he has not caused himself , such as:
    • parents for damage caused by their minor child;
    • teachers for the damage caused by the students under their care;
    • employers for damage caused by their employees;
    • owners/keepers of animals for damage caused by their animal;
    • owners of defective buildings and/or objects for the damage caused thereby;
    • the insurer of the perpetrator or the person responsible (in most cases).
       
  • The owner or insurer of the vehicle that was involved in an accident with a vulnerable road user

Anyone who causes damage to another must compensate for that damage. This is determined by Belgian law .

The general principle is that the person causing the damage must put the victim back in his or her situation before the accident. This is usually no longer possible in kind. Then the damage must be compensated.

What is 'damage'? This is not only the damage that has already occurred , but also the damage that is likely to occur in the future .