French Insurance Code
In forceAccident victims or their rightful claimants must send their claims for compensation to the guarantee fund by registered letter or by electronic registered mail, return receipt requested. In support of their claim, they are required to prove :
1° Either that they are French ;
-Or that they have their main residence in the territory of the French Republic;
-Or that they are nationals of a State which has concluded a reciprocity agreement with France and that they meet the conditions set out in this agreement;
-Or, for accidents involving vehicles as defined in article R. 421-1, 2nd paragraph, that they are nationals of a Member State of the European Economic Community other than France, the Holy See, San Marino or Monaco, or that they have their principal residence in one of these States.
2° That the accident entitles them to compensation under the terms of French civil liability legislation and that it does not entitle them to full compensation on any grounds. If the victim or his heirs are entitled to partial compensation under another heading, the guarantee fund will only pay the balance. In order to determine the additional loss suffered by the victim or those entitled under him/her, the third-party payers, as defined by law no. 85-677 of 5 July 1985, must inform the guarantee fund of the amount of payments made to them, at the latest within four months of the request being made by the fund.
Claimants must also prove either that the person responsible for the accident has not been identified, or that he or she is not insured after the compensation has been fixed by a settlement or an enforceable court decision.
