An insurance company acting under the terms of Article L. 128-2 is subrogated to the rights of insureds who have received compensation up to the amount of the sums paid in this respect.
Any person who has suffered loss or damage as referred to in the same article L. 128-2 shall draw up a description of the loss or damage suffered with their insurance company. The amount of compensation paid in application of the aforementioned articles is mentioned in the description. When the amount of the compensation paid to the victim is less than the amounts specified by decree in the Conseil d’Etat, the victim is presumed to have suffered the damage mentioned in the description and the compensation is presumed to make good the said damage under the conditions set out in the aforementioned articles, even if no expert appraisal has been carried out or if an expert appraisal has been carried out by an expert chosen by the insurer. These presumptions are simple. In any event, the amount of compensation paid to the victim remains his or her property.