Any natural person or any legal entity other than the State, who may be held liable for damage suffered by third parties as a result of personal injury or damage to property caused by a vehicle, must, in order to use the vehicle, be covered by insurance guaranteeing this liability, in accordance with the conditions laid down by decree of the Conseil d’Etat. For the purposes of this article, “vehicle” means any motorised land vehicle, i.e. any self-propelled vehicle intended to travel on land and which can be driven by mechanical power without being connected to a railway line, as well as any trailer, even if not coupled.
Insurance contracts covering the liability referred to in the first paragraph of this article must also cover the civil liability of any person having custody or driving, even if unauthorised, of the vehicle, with the exception of motor vehicle repair, sales and inspection professionals, as well as the civil liability of passengers in the vehicle covered by the insurance. However, in the event of theft of a vehicle, these policies do not cover compensation for damage suffered by the perpetrators, co-perpetrators or accomplices of the theft.
The insurer is subrogated to the rights of the compensation creditor against the person responsible for the accident when custody or driving of the vehicle has been obtained against the owner’s will.
These contracts must be taken out with an insurance company approved to provide insurance against accidents resulting from the use of motor vehicles.
The members of the driver’s or insured’s family, as well as students at an approved land motor vehicle driving school who are undergoing training or examination, are considered to be third parties within the meaning of the first paragraph of this article.