French Insurance Code
In forceNotice for victims of road traffic accidents involving a land-based motor vehicle
The following information is intended to explain what you need to do and how you will be compensated.
It has been deliberately limited to the essentials. To find out more, you should consult :
- Law no. 85-677 of 5 July 1985 , published in the Journal officiel of 6 July 1985;
- decree no. 86-15 of 6 January 1986 published in the Journal officiel of 7 January 1986.
The law of 5 July 1985 improved the situation of victims of road traffic accidents involving a land-based motor vehicle and its trailers or semi-trailers, with the exception of railways and tramways running on their own tracks:
-The cases in which compensation may not be paid are now limited;
-an offer of compensation must be made by the insurer within eight months in the event of an accident involving bodily injury.
Who is entitled to compensation?
For personal injury:
-passengers, pedestrians and cyclists who are victims, except where the victim has:
-voluntarily caused the damage ;
-committed an inexcusable fault that was the sole cause of the accident.
However, this fault cannot be invoked against the victim if he is under the age of sixteen or over the age of seventy, or if he is permanently incapacitated or disabled to the extent of at least 80%;
-drivers of land motor vehicles, except where they are responsible for the accident (the driver's fault may limit or even exclude their right to compensation).
For property damage:
-all victims, provided they are not at fault for the accident.
Please note that even if you are compensated for your own damage, you may be required to pay compensation for damage you have caused to others if you are at fault.
How does compensation work?
-The insurer of the person at fault contacts you;
-You inform the insurer;
-you undergo a medical examination;
-The insurer makes you an offer of compensation;
-you accept the offer, the insurer compensates you;
-you refuse the offer, you must then claim compensation in court.
Who should contact you?
-In most cases: the insurer covering the civil liability of the vehicle involved. If several vehicles are involved, a single insurer will make the offer on behalf of all of them;
-the owner of the vehicle if it is exempt from having to use an insurer (State, RATP, etc.);
-the French Central Bureau, or its representative, in the case of a foreign vehicle (BP 27-93171 Bagnolet Cedex);
-if the person responsible for the accident is unknown or uninsured, you should contact the Guarantee Fund (64, rue Defrance, 94307 Vincennes Cedex).
When you first contact the Guarantee Fund, you will be asked to provide the information you need to claim compensation.
You may :
-be assisted by a lawyer of your choice;
-obtain, free of charge, a copy of the police or gendarmerie report.
You must inform the insurer of
1° your full name ;
2° your date and place of birth;
3° your occupation and the address of your employer(s);
4° the amount of your professional income and any supporting documents;
5° a description of the damage to your person, accompanied by a copy of the initial medical certificate and other supporting documents in the event of consolidation;
6° a description of the damage caused to your property;
7° the surnames, first names and addresses of your dependants at the time of the accident;
8° your Social Security registration number and the address of your health insurance fund;
9° the list of third-party payers required to pay you benefits, together with their addresses;
10° the place where correspondence should be sent.
If the victim dies, the spouse and each of the heirs must inform the insurer of :
1° his/her surname and first names ;
2° their date and place of birth ;
3° the full name, date and place of birth of the victim ;
4° his relationship to the victim
5° his or her occupation and the address of his or her employer(s);
6° the amount of his or her income, with supporting evidence ;
7° a description of the loss suffered by the victim, in particular any expenses incurred as a result of the accident;
8° his/her Social Security registration number and the address of the health insurance fund to which he/she is affiliated;
9° the list of third-party payers required to pay benefits, together with their addresses;
10° the place where correspondence should be sent.
You must answer all these questions within six weeks. If you delay or if your reply is incomplete, you will delay compensation.
You will be invited to a medical examination.
You will be notified at least fifteen days before the medical examination:
-the date and place of the examination ;
-the identity and qualifications of the doctor;
-the purpose of the examination;
-the name of the insurer on whose behalf the examination is requested.
You will receive a copy of the report within twenty days.
You may :
-be assisted by a doctor of your choice;
-refuse to undergo the medical examination if the information has not been sent to you within the prescribed time limit;
-refuse to be examined by the doctor chosen by the insurer; in this case, the insurer may suggest another doctor or ask the court to appoint one;
-ask the court yourself to appoint a medical expert.
What does the compensation offer contain?
If you have suffered bodily injury, the insurer must present you, within eight months of the accident, with an offer of compensation covering:
-bodily injury
-material loss where this has not already been settled.
Depending on your state of health, this offer may be:
-definitive if your state of health is consolidated and the insurer has been informed within three months of the accident;
-provisional, if this is not the case; the definitive offer will be presented to you no later than five months after the insurer has been informed of your consolidation.
The offer must cover all elements of your loss, i.e. :
In the event of injury :
-the costs incurred in treating you (hospitalisation, surgery, pharmacy, rehabilitation, etc.);
the salary or income you would have received had you not been injured; if you are not gainfully employed, lump-sum compensation may be awarded to you;
-the partial permanent disability determined by the doctor who examined you;
-reimbursement of the cost of one or more third parties whose assistance is made necessary by your condition;
-compensation for the suffering you have endured;
-other losses (cosmetic, pleasure, etc.);
In the event of death :
-funeral expenses reasonably incurred;
-moral damages
-economic loss
-other losses;
In all cases :
-material damage related to bodily injury or death (clothing, prostheses, etc.).
Please note that the sums calculated may be reduced as a result of:
-your liability
-the sums paid or to be paid by the bodies involved in compensating your loss (social security bodies, employers, insurers of advances on compensation, etc.); a copy of the statements from these bodies is attached to the offer.
Who should receive the compensation offer?
-the victim (general case)
-the heirs and spouse (in the event of death);
-the legal representative and, depending on the case, the guardianship judge or the family council if the victim is a minor or an incapacitated adult.
Action to be taken.
When you receive the offer, you can :
Accept.
Within fifteen days of your agreement, you may withdraw it by registered letter or by electronic registered letter with acknowledgement of receipt.
If you are acting as the legal representative of a minor or an incapacitated adult, you will need the agreement of the guardianship judge or the family council.
Discuss.
Refuse.
You can :
-go to court to obtain compensation;
-claim damages if the offer is manifestly inadequate.
In all cases, inform the insurer who made the compensation offer of your decision.
Please note that you must inform your health insurance fund of any settlement reached with the insurer or of any legal action taken.
When do you receive compensation?
You will receive compensation :
-no later than forty-five days after the agreement reached between you and the insurer;
-in the event of legal proceedings, at the end of the proceedings.
You can claim interest if the insurer is responsible for the delay.
Practical advice.
You may entrust the defence of your interests to any person of your choice; in the event of a lawsuit, a lawyer must represent you in court.
When you send a medical claim form to the Social Security, make sure you specify that it concerns an accident and indicate the date.
Put together your file, keeping the original or a copy of all medical documents, Social Security statements, proof of your expenses and a copy of all correspondence.
You must send the insurer the documents justifying the damage you have suffered.
You may seek the advice of specialists, such as insurance agents or brokers, lawyers, legal advisers or doctors. However, you may still have to pay the costs and fees of these people, unless you are covered by legal expenses insurance or legal aid in the event of a lawsuit.
Keep an eye on deadlines to speed up the settlement of your case. In particular, if you have not heard from the insurer of the person at fault within a month of the accident, contact them.
Please note.
The scheme introduced by the law is designed to reduce the number of lawsuits and speed up compensation for victims. However, you may at any time:
-apply to the court for an interim injunction (urgent procedure for obtaining an advance on compensation), particularly in the event of persistent inaction on the part of the insurer of the person responsible for the accident;
-to bring an action before the court in the event of persistent disagreement over :
-the rate of liability
-the inexcusable nature of a fault
-the amount of compensation offered;
-bring a civil action or initiate legal proceedings against those responsible for the accident whom you consider to be liable.
