French Public Health Code
In forceIn the event of silence or explicit refusal on the part of the insurer or responsible persons mentioned in article L. 1142-24-16 to make an offer within the period of one month or in the event of a manifestly inadequate offer, the Office is substituted for the insurer or responsible person.
Within one month of the expiry of the time limit referred to in article L. 1142-24-16 or, where applicable, of the explicit refusal or manifestly inadequate offer referred to in the first paragraph of this article, the Office shall make an offer of compensation to the victim or his rightful claimants, seeking full reparation for the losses suffered. In this case, the third, fourth and last paragraphs of article L. 1142-15, the second to fourth and penultimate paragraphs of article L. 1142-17, article L. 1142-19 and the second paragraph of article L. 1142-20 apply to the Office's offer.
Where the victim has not informed the Office of benefits received or to be received from third-party payers other than social security funds, Article L. 1142-16 applies.
In the case provided for in the first paragraph of this article, the court, at the request of the Office, which is subrogated to the victim's rights, shall order, where appropriate, the insurer or the person liable to pay the Office a sum not exceeding 50% of the compensation it awards.
