1. When the person responsible for the damage has been identified, any victim of damage to property must, on pain of forfeiture of his rights with regard to the guarantee fund, send a declaration to the fund together with a description of the damage and proof of the identity of the adversary, of his liability and of the absence or inadequacy of the insurance or guarantee of the person presumed…
Compensation payable under the provisions of Article L. 421-8 of the Insurance Code to victims of accidents which give rise to personal injury or to their dependants shall be paid by the guarantee fund in accordance with the provisions of this section and on condition that the accidents occurred in mainland France and the overseas departments, with the exception of the department of French Guiana.
The person responsible for a hunting or vermin destruction accident is excluded from the guarantee fund, unless he can prove that another person is liable. The guarantee fund will cover the extent of this liability.
Anyone responsible for an accident resulting in personal injury sustained while hunting or destroying vermin must produce their licence, if applicable, and inform the law enforcement officer who draws up the official report or prepares the accident report of the insurance policy(ies), other than those provided for in article L. 421-8 of the Insurance Code, which may cover the damage caused. It must also specify the name and address of…
Where an insurance policy has been taken out to cover the financial consequences of the civil liability of the perpetrator of an accident resulting from hunting or the destruction of vermin, the provisions of articles R. 421-4 to R. 421-10 apply to the rights and obligations of the responsible party, the victim, the insurer and the guarantee fund. The provisions of articles R. 421-12 to R. 421-17 apply to compensation…
Membership of the fund by the companies referred to in article L. 421-2 only ceases in the event of withdrawal, termination or lapse of authorisation. Companies which are members of the guarantee fund are prohibited from using this membership or the fact that insurance policies are covered by the guarantee fund for advertising purposes, without prejudice to legislative or regulatory provisions relating to contractual information due to policyholders.
The guarantee fund is administered by a twelve-member Board of Directors. It comprises : 1° Seven representatives of insurance companies providing property and casualty insurance in the French Republic and covering risks which are subject to compulsory insurance by virtue of a legislative or regulatory provision; 2° Two members appointed by order of the Minister for the Economy, on the proposal of the Fédération française des clubs automobiles and the…
The guarantee fund is subject to control by the Minister for the Economy and Finance. A Government Commissioner appointed by the Minister for the Economy and Finance supervises the overall management of the fund on behalf of the Minister. He may attend all meetings of the Board of Directors or any committees set up by the Board. It may ask to see all accounting books and documents. Decisions taken by…
For the application of the provisions of article L. 421-4, contributions to the guarantee fund are assessed and collected as follows: 1° (repealed) 2° (repealed) 3° The contribution from insurance companies is proportional to the premiums or contributions for the last financial year, including accessories and reminders and after deductions for cancellations, relating to insurance of land motor vehicles and vehicle trailers or semi-trailers when the risk is located in…
The rates of the contributions referred to in Article R. 421-27 are set by order of the Minister responsible for insurance, subject to the following maximum amounts: -Contribution from insurance companies in respect of the motor section: 12% of the total expenses of this section. -Contribution from those responsible for uninsured accidents: 10% of the compensation payable by them. However, this rate is reduced to 5% when the accident was…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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