Conditions of compensation
You can be awarded compensation of up to €4,222 (cap set from 1st January 2021) if you meet the following conditions:
- the offence occurred after 1 October 2008,
- you have annual income of less than €28,152 (2020 income), which may be increased based on dependants in your care (ancestors and descendants),
- the offender is unknown or insolvent,
- you cannot obtain effective or sufficient compensation for your losses from an insurance company or any other debtor,
- you have satisfied the provisions of the highway code regarding registration certificates and roadworthiness inspections,
- you have taken out a mandatory third-party liability insurance policy.
To help you in your approach
IMPORTANT
If one of the conditions is not met and if the offender has been identified and sentenced, you can contact the SARVI, the Recovery Assistance Service for Victims of Offences.
The process
The request sent to the CIVI administration service must contain the information needed to handle the case. It must be accompanied by supporting documents that demonstrate:
- the forenames, surname, date and place of birth, profession, nationality and address of the requesting party (include a copy of their national identity card, residency permit, passport, etc.),
- the date, location and circumstances of the offence (include proof of filing the complaint, documents from the trial, etc.),
- if applicable, the court in which the offender was tried (attach a copy of the judgement),
- amicable requests put forward and legal action already taken, as well as sums already paid to the requesting party,
- the amount of compensation requested before the CIVI, limited to €4,692 (maximum amount from 17 January 2020),
- the requesting party's income (include the tax statement for the year prior to the offence and for the year prior to submitting the request),
- proof that it is not possible to obtain compensation elsewhere (from the offender, an insurance company, etc.),
- the registration certificate for the vehicle that was set on fire,
- the vehicle's insurance certificate,
- the report from the roadworthiness inspection,
- the vehicle's certificate of destruction,
- the expert damage report or other document stating the value of the vehicle.
What are the deadlines for submitting your request?
You have three years from the date of the offence. This is extended by one year from the date of the last court decision. If the offender is ordered to pay damages, this period runs from the time the criminal court gives notice to the victim. The victim or their beneficiaries may make an application to be granted an exemption to the statute of limitations on legitimate grounds. If the offender is ordered to pay damages, this period runs from the time that notice is issued by the court.