Where an insurance contract has been taken out to cover the financial consequences of the civil liability of the perpetrator of personal injury resulting from an accident as referred to in article L. 421-1, the guarantee fund may only be called upon to pay the compensation awarded to the victim or those entitled under him/her if the contract is null and void, or the contract has been suspended or the non-insurance or partial insurance guarantee has been invoked against the victim or those entitled under him/her.
If, as a result of the inadequacy of the amount of cover stipulated in the contract, part of the compensation due to the victim or his rightful claimants for the aforementioned losses remains payable by the person liable, the latter’s insurer, after having obtained the agreement of the guarantee fund in the case of a settlement, pays the remainder of the compensation on behalf of the latter and notifies him of this payment.