Abstract
On June 10, 2002 the European Commission adopted a proposal for a new Motor Insurance Directive. One of the goals of this proposal is to ensure that pedestrians and cyclists are covered by the compulsory insurance of the vehicle involved in the accident. Examples of legislation which has already sought to do so includes the French law (Loi Badinter in France) and Swedish law. It may be less well-known that Article 29bis of the Belgian Act of 21 November 1989 on the insurance against civil liability regarding the use of motor vehicles is another example of national legislation providing such coverage, not only of pedestrians and cyclists but also of motor vehicle passengers themselves. Belgian law provides a specific compensation for bodily injury and death incurred by every victim of a traffic accident involving a motor vehicle, with the exception of the driver. This is so regardless of whether the driver or the victim is at fault or not. This paper gives a brief overview of the key features of this compensation regime and its subsequent statutory changes and places it within the context of the case law.
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