Chapter I: The obligation to insure

The victim may terminate the settlement within fifteen days of its conclusion by registered letter or by electronic registered letter with acknowledgement of receipt. Any clause in the settlement by which the victim waives his right to withdraw is null and void. The above provisions must be reproduced in very clear characters in the settlement offer and in the settlement agreement, failing which the latter shall be deemed null and…

The agreed sums must be paid within one month of the expiry of the notice period set out in article L. 211-16. If this is not the case, the unpaid sums shall automatically bear interest at half the legal rate for two months, and then, on expiry of these two months, at double the legal rate.

In the event of an order resulting from a court decision that is enforceable, even provisionally, the legal interest rate is increased by 50% on expiry of a period of two months and is doubled on expiry of a period of four months from the date of the court decision, where this is contradictory and, in other cases, from the date of notification of the decision.

The victim may, within the time limit set out in article 2226 of the Civil Code, claim compensation from the insurer who paid the compensation for the worsening of the damage he has suffered.

When the insurer invokes a legal or contractual guarantee exception, it is obliged to comply with the provisions of articles L. 211-9 to L. 211-17 on behalf of whom it may concern; the settlement reached may be contested before the court by the person on whose behalf it was made, without the amount of the sums awarded to the victim or his beneficiaries being called into question.

For the purposes of Articles L. 211-9 to L. 211-17, the State, public authorities, companies or organisations benefiting from an exemption under Article L. 211-2 are treated in the same way as an insurer.

The provisions of articles L. 211-9, L. 211-10 and L. 211-13 to L. 211-19 are applicable to the fonds de garantie des assurances obligatoires de dommages instituted by article L. 421-1, in its dealings with victims or their rightful claimants; however, the time limits provided for in article L. 211-9 run against the fonds from the day on which it receives the information justifying its intervention. The application of articles…

Under the supervision of the public authorities, a periodical publication reports on the compensation awarded in judgements and settlements.

A decree of the Conseil d’Etat shall determine the measures necessary for the application of this section. In particular, it shall determine the grounds for suspension or extension of the time limits mentioned in article L. 211-9, as well as the reciprocal information owed by the insurer, the victim and the third party payers.

The first two paragraphs of article 33 of law no. 85-677 of 5 July 1985 apply to insurers. Where provided for by contract, the subrogatory recourse of the insurer who has paid the victim an advance on compensation as a result of the accident may be exercised against the insurer of the person liable to pay compensation up to the limit of the balance remaining after payments to the third…