The following are not covered by the guarantee fund:
1° Where the damage arises from an accident involving a land motor vehicle, damage caused to the driver.
2° Where the damage was caused by an animal or thing other than a land motor vehicle.
a) The owner or the person having custody of the animal or thing at the time of the accident ;
b) The spouse, ascendants and descendants of the persons mentioned in a) above who are liable as a result of the accident, as well as the legal representatives of the legal entity that owns the animal or thing.
3° In cases other than those mentioned in 1° and 2° above, the person who caused the accident, their spouse, ascendants and descendants.
In the event of theft of the vehicle involved in the accident or theft of the animal or thing which caused the accident, accomplices to the theft and, in general, all persons carried in the vehicle or on the animal are also excluded from the benefits of the guarantee fund. This exclusion is only applicable if the guarantee fund provides proof of the knowledge of the theft of the vehicle or animal by the persons transported.
However, the persons designated in the present article may invoke the guarantee of the fund when the accident was caused in whole or in part by the movement of a third party or of a thing or animal belonging to a third party or in his custody and within the scope of his responsibility.