The Office is subrogated, up to the amount of the sums paid, to the rights that the victim has against the person responsible for the loss or damage as well as against the persons obliged in any way to ensure total or partial compensation for the loss or damage, up to the amount of the benefits payable by the said persons. However, the Office may only take action under this subrogation where the damage is attributable to fault.
The Office may intervene before the criminal courts, even for the first time on appeal, in the event that the victim or the victim’s dependants bring a civil action against the person or persons responsible for the damage defined in the first paragraph of article L. 3122-1. In such a case, it will act as lead plaintiff and may avail itself of all the remedies available by law.
If the events giving rise to the damage have given rise to criminal proceedings, the civil court is not obliged to stay the proceedings until the criminal court has reached a final decision.