If the claim for compensation has been brought before a criminal court or if a settlement approved by the guarantee fund has been reached with the person responsible for the accident, the victim or his rightful claimants may ask the insurer to pay them the sums which would be paid to them by the fund if the settlement were made by the latter, provided that they can prove :
1° That the guarantee fund has informed them, in accordance with article R. 421-6 :
a) That it disputes the validity of the exception raised by the insurer or that it is unable to take a final decision on the matter ;
b) That in the absence of the insurer’s guarantee they would be entitled to benefit from the guarantee of the said fund.
2° That the amount of the indemnity has been fixed by a court decision enforceable against the fund or by a settlement approved by it.
The insurer is then required to pay the aforementioned sums on behalf of whomever it chooses. If it fails to fulfil this obligation, it may be forced to do so by an order issued by the interim relief judge at the request of the victim or his beneficiaries.
When the validity of the defence raised by the insurer is recognised either by agreement with the guarantee fund or by a final court decision enforceable against the guarantee fund, the insurer may claim reimbursement from the guarantee fund of the sums it has paid on behalf of the guarantee fund after establishing the total or partial insolvency of the liable party under the conditions set out in article R. 421-13.
In the event of legal proceedings, the insurer must send the guarantee fund a copy of the document initiating the proceedings in order for the decision to be enforceable against the guarantee fund.