Section VI: Compensation procedures.

The provisions of this section apply, even where they are being carried under contract, to the victims of a road traffic accident involving a land motor vehicle and its trailers or semi-trailers, with the exception of railways and tramways running on their own tracks.

Whatever the nature of the loss, where liability is not disputed and the loss has been fully quantified, the insurer covering civil liability in respect of a land motor vehicle is obliged to make a reasoned offer of compensation to the victim within three months of the claim being submitted to it. Where liability is denied or is not clearly established, or where the loss has not been fully quantified,…

In its first correspondence with the victim, the insurer is required, on pain of relative nullity of any settlement that may be reached, to inform the victim that he may obtain from the insurer, on simple request, a copy of the police or gendarmerie investigation report and to remind him that he may, at his own discretion, be assisted by a lawyer and, in the event of a medical examination,…

In its first correspondence with the victim, the insurer is required to inform the latter of its obligations under the Environment Code regarding the disposal of an end-of-life vehicle.

Where the insurer could not, through no fault of its own, have been aware that the accident had imposed disbursements on the third party payers referred to in article 29 of law no. 85-677 of 5 July 1985 and in article L. 211-25, the third party payers lose all rights to reimbursement against the insurer and against the tortfeasor. However, the insurer may not invoke such ignorance in respect of…

When, due to the victim’s fault, the third-party payers have been unable to assert their rights against the insurer, they have a right of recourse against the victim up to the amount of the compensation that the victim has received from the insurer for the same head of loss and within the limits provided for in article 31 of law no. 85-677 of 5 July 1985. They must take action…

Where the offer has not been made within the time limits set out in article L. 211-9, the amount of compensation offered by the insurer or awarded by the court to the victim shall automatically bear interest at double the legal interest rate from the expiry of the time limit until the date on which the offer or the judgment becomes final. This penalty may be reduced by the court…

If the judge setting the compensation considers that the offer made by the insurer was manifestly inadequate, he shall automatically order the insurer to pay into the guarantee fund provided for in article L. 421-1 a sum not exceeding 15% of the compensation awarded, without prejudice to any damages owed to the victim as a result.

The insurer must submit any proposed transaction involving a minor or an adult under guardianship to the guardianship judge or the family council, which is competent to authorise it, depending on the case. The insurer must also give notice without formality to the guardianship judge, at least fifteen days in advance, of the payment of the first instalment of an annuity or of any sum to be paid by way…

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…