In the event of silence or explicit refusal on the part of the insurer or the liable person referred to in Article L. 1142-24-6 to make an offer or in the event of a manifestly inadequate offer, the Office shall be substituted for the insurer or the liable person.
Within three months of the expiry of the period referred to in article L. 1142-24-6 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 those entitled on his behalf, seeking full reparation for the loss suffered. In this case, the third, fourth and last paragraphs of article L. 1142-15 apply to the Office’s offer, as do the second to fourth and sixth paragraphs of article L. 1142-17, article L. 1142-19 and the second paragraph of article L. 1142-20.
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 30% of the compensation it awards.