Hit-and-run in Belgium: penalties, driving bans and defence

Hit-and-run (vluchtmisdrijf / délit de fuite) is one of the more severely punished road traffic offences in Belgium. Anyone who drives away after an accident without identifying themselves risks a heavy fine, a driving ban and a criminal record, and, where people are injured or killed, a prison sentence as well — even if the accident was not their fault. That last point is the one most often misjudged.

What is a hit-and-run offence in Belgium?

Article 33 of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) punishes a driver who, knowing that their vehicle caused or gave rise to an accident in a public place, flees in order to evade the relevant findings on the spot (dienstige vaststellingen / constatations utiles). The offence has three elements:

1. A traffic accident in a public place — even one causing only material damage. Hitting a parked car is enough.
2. Knowledge of the accident. You must have known that your vehicle was involved in an accident; the court may infer this from the circumstances. You need not have known that there was damage or that anyone was injured (Court of Cassation, 28 October 2003 and 6 November 2012).
3. Fleeing to evade the relevant findings. Those findings also concern your own condition, for example by means of a breath test (Court of Cassation, 8 November 2022).

Your own fault in the accident is irrelevant: even a driver who did nothing wrong must stop, give their details and, where necessary, provide assistance. Conversely, staying at the scene is not always enough: a driver who does not make themselves known as the driver may equally commit the offence (Court of Cassation, 8 April 2014).

The defence usually focuses on the second and third elements. A driver who genuinely did not notice the collision commits no offence. A driver who contacted the police themselves shortly afterwards can argue that they had no intention of evading the findings, although the court assesses this case by case.

Hit-and-run penalties since 1 September 2026

For offences committed on or after 1 September 2026, the penalty levels of the new Criminal Code (Strafwetboek / Code pénal) apply. The amounts below are the amounts actually payable.

Material damage only (Article 33 § 1)

• A level 1 penalty: a prison sentence is no longer possible;
• A fine of €2,000 to €20,000;
• Instead of the fine, the court may impose, among other things, community service (werkstraf / peine de travail) of 20 to 120 hours or a probation sentence of 6 to 12 months;
• A driving ban (verval van het recht tot sturen / déchéance du droit de conduire) is possible but not mandatory (Article 38 § 1, 5°). Where there are mitigating circumstances, the court may impose the driving ban alone.

With injuries or a fatal outcome (Article 33 § 2)

• With injuries: a level 2 penalty, including imprisonment of six months to three years; with a fatal outcome: a level 3 penalty, i.e. imprisonment of more than three and up to five years;
• A fine of €4,000 to €50,000;
• Mandatory driving ban of at least three months and up to five years, or for life;
• Reinstatement of the right to drive depends on passing the theory test, the practical test and a psychological assessment; the court may impose a specific training course in addition to, or instead of, the theory and practical tests.

Reoffending within three years (Article 33 § 3)

• A new hit-and-run with only material damage or with injuries, committed within three years of a conviction for hit-and-run (§ 1 or § 2): a level 3 penalty and a fine of €4,000 to €50,000;
• A hit-and-run with a fatal outcome is already a level 3 offence as a first offence (§ 2); the former specific increase for reoffending in the case of § 2 (§ 3, 2°) has been repealed;
• Where the court accepts mitigating circumstances, it replaces the level 3 penalty with a level 2 or level 1 penalty (Article 36 of the Criminal Code).

Important for the amount: since 1 September 2026, the Road Traffic Act states new base amounts, which are multiplied by 1.25 to apply the statutory surcharge (opdeciemen / décimes additionnels). A fine of €1,600 in the statute therefore costs €2,000.

Offences committed before 1 September 2026

For earlier offences, the rules in force at the time continue to apply, unless the new rules are more favourable (Article 2 of the Criminal Code). This defence must be raised expressly in pending cases. The former Article 33 provided for:

These amounts were multiplied by 8 for offences committed before 1 February 2026 (so €1,600 to €16,000 for material damage only) and by 10 for offences committed between 1 February and 31 August 2026 (€2,000 to €20,000).

Which court will hear your case?

A hit-and-run is an offence under the Road Traffic Act and therefore falls within the jurisdiction of the police court (politierechtbank / tribunal de police), even where people were injured or killed. Article 138, 6°bis, of the Code of Criminal Procedure also assigns to that court unintentional homicide and injuries resulting from a traffic accident; for offences committed on or after 1 September 2026, these are called causing death in traffic (Article 107 of the Criminal Code, and in its aggravated form Article 107/1) and causing harm to physical integrity in traffic (Article 218 of the Criminal Code); since 1 September 2026, Article 138, 6°bis, expressly refers to those three articles. In principle, only where the case is connected with offences outside its jurisdiction does it go to the criminal court (correctionele rechtbank / tribunal correctionnel).

Separately from the criminal case, the public prosecutor (procureur des Konings / procureur du Roi) may immediately withdraw your driving licence where the driver fled (Article 55 § 1, 2° of the Road Traffic Act). This immediate withdrawal lasts fifteen days and may be extended by the police court by up to three months.

How the prosecution proves its case — and where it falls short

The public prosecutor must prove all three elements, and proving that you knew about the accident is usually the weakest point. We examine:

• whether the damage was such that you must have felt or heard the collision;
• what the camera footage, witness statements and damage reports actually prove — rather than merely suggest;
• whether the identification of your vehicle and of the driver is conclusive;
• whether you spontaneously contacted the police or the other party after the accident, which contradicts any intention to flee;
• whether the police report and the summons (dagvaarding / citation) are procedurally sound.

Insurance: the aftermath that often costs more than the fine

Your motor liability insurer compensates the injured party, but may reclaim that amount from you in the cases provided for by the statutory model policy and by your own policy, for example if you were driving under the influence. If the vehicle remains unidentified, the Belgian Common Guarantee Fund (Belgisch Gemeenschappelijk Waarborgfonds / Fonds commun de garantie belge) generally compensates only personal injury; if the vehicle is uninsured, the fund steps in instead of an insurer and may then seek recovery. Where there are personal injuries, these sums quickly become substantial, so the criminal case and the recovery claim are best considered together.

What can realistically be achieved in a hit-and-run case?

Where the facts are established, the debate shifts to the sentence. Depending on the case, we argue for, among other things:

• suspension of the pronouncement of sentence (opschorting van de uitspraak / suspension du prononcé; Article 64 of the Criminal Code) or a suspended sentence (uitstel / sursis), including for the driving ban (Article 65 of the Criminal Code);
• community service or a probation sentence instead of a fine or imprisonment;
• a fine below the minimum or payable in instalments where your financial situation is precarious (Article 52 § 2 of the Criminal Code);
• a driving ban limited to weekends (Article 38 § 2bis of the Road Traffic Act) or to certain vehicle categories (Article 45 of the Road Traffic Act), but only where no reinstatement tests (herstelexamens / examens de réintégration) are imposed — so, as a rule, not where people were injured or killed (Court of Cassation, 15 January 2019 and 7 November 2023).

The court takes into account your record, your conduct after the events and whether the damage has been compensated. Anyone who compensates the injured party or reaches a settlement before the hearing is in a noticeably stronger position. Read more in our article on suspension, suspended sentences and community service.

Novex Advocaten is here to help

The sooner we see the file, the more can still be done — especially while the public prosecutor has not yet taken a position. Send us your police report or summons for an honest assessment of your prospects.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.