The nullity of an insurance contract taken out under article L. 211-1 is not enforceable against the victims or their dependants of the victims of damage arising from a road traffic accident involving a land motor vehicle and its trailers or semi-trailers.
In such a case, the insurer covering civil liability arising from the vehicle, trailer or semi-trailer is obliged to compensate the victims of the accident or their dependants. The insurer is subrogated to the rights of the compensation creditor against the person responsible for the accident, up to the amount of the sums it has paid.
A decree of the Conseil d’Etat sets out the other exceptions to the guarantee which are not enforceable against the victims or their dependants.