Where the insurer could not, through no fault of its own, have been aware that the accident had imposed disbursements on the third party payers referred to in article 29 of law no. 85-677 of 5 July 1985 and in article L. 211-25, the third party payers lose all rights to reimbursement against the insurer and against the tortfeasor. However, the insurer may not invoke such ignorance in respect of organisations paying social security benefits.
In all cases, failure to produce the claims of the third party payers within four months of the insurer’s request will result in the forfeiture of their rights against the insurer and the tortfeasor.
In the event that the insurer’s claim does not mention the consolidation of the victim’s condition, the claims made by the third-party payers may be provisional in nature. The same applies when social security benefits are paid following the opinion of the departmental commission for special education or the technical commission for vocational guidance and reclassification.