Book IV: Organisations and special insurance schemes

The following are not covered by the guarantee fund: 1° Where the damage arises from an accident involving a land motor vehicle, damage caused to the driver. 2° Where the damage was caused by an animal or thing other than a land motor vehicle. a) The owner or the person having custody of the animal or thing at the time of the accident ; b) The spouse, ascendants and descendants…

If the perpetrator of a personal injury accident is unknown, the official report or the report drawn up or established by law enforcement officers and relating to this accident must expressly mention this circumstance. If the perpetrator is known, the same document must indicate whether the perpetrator is insured against accidents. If so, it must specify the name and address of the insurance company and the policy number. Any wilful…

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…

When the insurer intends to invoke the nullity of the insurance contract, its suspension or the suspension of cover, non-insurance or partial insurance against the victim or his beneficiaries, he must, by registered letter or by electronic registered letter, with acknowledgement of receipt, declare this to the guarantee fund and attach to his declaration the supporting documents for his exception; he must at the same time and in the same…

If the guarantee fund intends to contest the validity of one of the exceptions mentioned in article R. 421-5, invoked by the insurer, or if it is unable to take a final decision on the matter, it must, within three months of receiving the declaration, notify the insurer and the victim or those entitled on his behalf. It shall also give them its opinion on the admissibility of a claim…

Where, in the circumstances referred to in article R. 421-6, a claim for compensation is brought before a court other than a criminal court, the injured party or those entitled on his behalf must, in the event of an action against either the insurer or the liable party, implead the liable party or the insurer, as the case may be.

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°…

If the claim for compensation has been brought before a civil court under the conditions set out in article R. 421-7, the victim or his rightful claimants may, if the conditions set out in 1° of article R. 421-8 are met, ask the insurer to pay the sums awarded to them under articles 514, 515, 789 and 834 to 837 of the Code of Civil Procedure, and which would be…

The internal regulations referred to in article R. 421-25 specify the obligations of insurance undertakings for the application of articles R. 421-4 to R. 421-9.