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, the insurer must, within the same time limit, give a reasoned response to the points made in the claim.
An offer of compensation must be made to a victim who has suffered personal injury within a maximum of eight months from the date of the accident. In the event of the victim’s death, the offer is made to his heirs and, if applicable, to his spouse. The offer then includes all compensable elements of the loss, including elements relating to damage to property where these have not been the subject of prior settlement.
This offer may be provisional if the insurer has not been informed within three months of the accident that the victim’s condition has consolidated. The final offer of compensation must then be made within five months of the date on which the insurer was informed of this consolidation.
In any event, the deadline that is most favourable to the victim applies.
If there are several vehicles and several insurers, the offer is made by the insurer mandated by the others.