b) The vehicle
is registered in a country having signed section II of the internal regulations
Albania
Andorra
Bosnia-Herzegovina
Belarus
F.Y.R.O.M
Israel
Morocco
Moldavia
Iran
Tunisia
Turkey
Ukraine
Russia
Serbia ( only until 1 January 2012)
The victim must prove the existence of a valid green card for the foreign vehicle in order for the bureau to intervene. If the existence of a valid green card cannot be proven, the claim should be directed towards the Belgian
Guarantee Fund
c) The vehicle is registered in a country having signed no agreement.
If the driver has not taken a border insurance in one of the countries
having adopted the green card system, the Belgian Bureau does not
intervene and the Belgian
Guarantee Fund must be seized.
As a consequence of article 2§2 of the Belgian MTP liability insurance act, the Bureau is considered to be equate with an MTP liability insurance company and has the same obligations as the later towards any victims.
This assimilation
implies that :
- The claimant has a direct right of action against the Belgian Bureau.
- Exclusions of the guarantee as stated by art. 3 of the law of 1989 must be opposed by the Belgian Bureau. It is in particular the case when the foreign vehicle was stolen.
- Claims must be made within five years from the event causing the loss.