Here you'll find all of the basics on how to fill your accident report out in Luxembourg.
Don't assume that filling and signing it is simple and trivial, the accident declaration is decisive in the instruction of your files.
Panicking and being stressed after an accident is a natural reaction. Try to stay calm and don't let the shock have an effect on your behaviour and decision making. We recommend you let the other driver fill the report out first so you have time to catch your breath and relax because you need to mentally recover from the accident.
Note that you should always correctly indicate the date, location and time of the accident. These elements make it possible to determine the applicable legislation of the accident occurrence place.
Are there any witnesses ? Witnesses: be aware that if a person sees an accident and leaves the scene, he or she is subject to criminal fines. It is therefore important to look around and collect the names of people at the scene. This will be even more important if the other driver disputes responsibility. A neutral witness can confirm your version of the facts. You must take note of: the name, first name and full address of the witness. A telephone is not useful, because only a written testimony is considered.
Stage 6 to 9 must be filled out. The model, brand, plate and registration country are essential criteria. If possible take a picture of the other drivers' green card and driving licence. Please note the policyholder may be different from the driver. You have the right to ask for verification or at least for the police (if they are there) to do the verification.
Finally, the chassis number of the vehicle is useless, only the plate number is useful.
In almost every case, you'll find a box that corresponds to your situation.
Exception: if you were driving normally on the roadway, there’s no box corresponding : in that case don't tick a box.
Pay attention to the wording, for example
- box 8 : “striking the rear of the other vehicle while going in the same direction and in the same lane” does not mean that you were struck at the back, but the exact opposite.
- box 1 :”parked/stationed” is to be checked in all cases, where your vehicle is NOT in motion, even if you have the engine running, to wait for a parking space.
The sketch plays an important role to determine the different responsibilities. It is necessary to represent as well as possible the circumstances of the accident. You don't have to be a professional artist to sketch the accident, road, position of the car etc. Just try to display the accident as clearly as possible Too many files fail because of a poorly done sketch.
Respect the naming of the A&B cars on the sketch. If you mix them up, it will lead to confusion and the insurer work will be a lot harder.
You can also write your observations on the sketch. If you are not sure, or doubt your style, it is better to detail the information on the sketch.
Visible damage to the vehicle: in order not to be challenged by the other driver and even if nothing is visible at the time: always note the points of impact and the visible damage. For example, write down "subject to disassembly". Position yourself as if you were on top of your vehicle as shown on the accident report: the left is the driver's side, the right is the passenger's side.
My remarks: this box allows you to add any valuable information about the accident. Be clear, simple and direct. Considering the legislation of various countries, this box does have more or less an impact. For example, in Belgium, insurance companies rely on it to determine the dynamics of an accident. In Luxembourg, it is said that it is not opposable, that means that companies may not take it into account.
If there are more than 2 vehicles involved, fill out several reports You need to fill out as many reports as vehicles involved and designate the other vehicles by C, D etc...
If you disagree, you can refuse to sign. The law says that you must complete it but don't have to sign it. Don't let the police have an influence on your decision. Worth remembering is that if you sign the report, the court assumes that you agree with the content of the report. There's no going back so always be sure and aware of what you're doing.
Separate the two pages – which are both original copies- once they're completed and signed. Attention, it is strictly forbidden to modify your original paper after it has been separated.
Note that if you leave the accident scene without filling the amicable accident report out, you could be charged with a hit-and-run offence. Remember that you are required to complete the report but not to sign it.
After your accident, you have 5 days to send the report to your insurer.
With all this information, you will be in control in case of an accident. Have a safe trip and stay safe.
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