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Article L422-1-1 of the French Insurance Code

The guarantee fund referred to in article L. 422-1 may request any administration or service of the State or public authorities, any social security organisation, any organisation managing social benefits, any employer as well as financial establishments or insurance companies likely to compensate for all or part of the loss, to gather and communicate any information they have or may have relating to the performance of any of their obligations,…

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Article L422-2 of the French Insurance Code

The guarantee fund is required, within one month of the request being made to it, to pay one or more provisions to the victim who has suffered personal injury or, in the event of the victim’s death, to his or her heirs, without prejudice to the right of these victims to refer the matter to the interim relief judge. To carry out the medical examination of the victim referred to…

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Article L422-3 of the French Insurance Code

In the event of a dispute, the civil court, if the events giving rise to the loss or damage have given rise to criminal proceedings, is not obliged to stay the proceedings until the criminal court has reached a final decision. Damage victims have the right to take legal action against the guarantee fund within the time limit set out in article 2226 of the Civil Code.

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Article L422-4 of the French Insurance Code

Compensation awarded pursuant to articles 706-3 to 706-14 of the Code of Criminal Procedure by the commission set up by article 706-4 of this Code, as well as the compensation and provisions provided for by article L. 422-7 of this Code, are paid by the Guarantee Fund for Victims of Acts of Terrorism and Other Offences (Fonds de garantie des victimes des actes de terrorisme et d’autres infractions).

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Article L422-7 of the French Insurance Code

Within two months of receipt of the request for recovery assistance formulated in application of article 706-15-1 of the Code of Criminal Procedure, the guarantee fund grants the civil party full payment of damages and sums awarded in application of articles 375 or 475-1 of the same code if their total amount is less than or equal to 1,000 euros. If the total amount of damages and sums awarded in…

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Article L422-8 of the French Insurance Code

The guarantee fund may take all legal action necessary to obtain payment of damages and sums awarded in application of articles 375 or 475-1 of the code of criminal procedure from the persons responsible for the damage caused by the offence or required in any way to ensure total or partial compensation. The guarantee fund may obtain the information necessary to carry out its task of assisting recovery under the…

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Article L422-9 of the French Insurance Code

The sums to be recovered by the guarantee fund are increased by a penalty, by way of management costs, equal to a percentage of the damages and the sums awarded in application of articles 375 or 475-1 of the code of criminal procedure. This percentage is set by order of the Insurance Minister. When the perpetrator of the offence has been required to compensate the victim as part of a…

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Article L422-10 of the French Insurance Code

The sums recovered by the guarantee fund are used first and foremost to reimburse the guarantee fund for the compensation or provisions paid to the civil party pursuant to article L. 422-7, any enforcement costs incurred and part of the management costs mentioned in article L. 422-9 equal to a percentage of the compensation or provisions paid to the civil party pursuant to article L. 422-7. This percentage is set…

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