Chapter IV: Compensation body

A compensation body shall compensate injured parties resident in France who are entitled to compensation for any loss or injury resulting from accidents occurring on the metropolitan territory of a State party to the European Economic Area, other than the French State, and involving a vehicle normally based and insured in one of these States. Without prejudice to the civil liability legislation of third countries and to private international law,…

Injured parties may submit a claim to the compensation body: a) If, within a period of three months from the date on which the injured party submitted a claim for compensation to the insurer of the vehicle whose use caused the accident or to its claims representative, the insurer or its claims representative has not given a reasoned reply to the matters raised in the claim; b) If the insurance…

The compensation body intervenes within two months of the date on which the injured party submits a claim for compensation. It will cease to intervene if, within this two-month period, the insurance undertaking or its claims representative has given a reasoned response to the claim. The compensation body’s offer is subsidiary. It pays the compensation that cannot be paid under any other heading, awarded to the victims or their dependants,…

The compensation body which has compensated the injured party is subrogated to his rights against the compensation body of the State in which the establishment of the insurance undertaking which issued the contract is situated for reimbursement of the sum paid by way of compensation.

When the compensation body has reimbursed the sums incurred by its counterparts in the other States party to the European Economic Area, it is then subrogated to the rights of the injured party and the body which compensated him/her against the person who caused the accident or the insurance company which provides its guarantee or the guarantee fund provided for in article L. 421-1.

When it intervenes under the conditions provided for in articles L. 424-1, L. 424-2 and L. 424-3, the compensation body shall obtain all relevant documents and information and shall take the necessary steps to negotiate the settlement of claims. The law applicable for the compensation of the injured party is the law in force on the territory of the State where the accident occurred.

Where it has intervened under the conditions provided for in c) of Article L. 424-2, the compensation body shall have a claim : a) The guarantee fund of the State where the accident took place in the case of a vehicle from a third country ; b) The guarantee fund of the State where the vehicle is normally based if the insurance undertaking cannot be identified; c) The guarantee fund…