The Office is required to make an offer of compensation to any victim referred to in article L. 3122-1 within a period set by decree, which may not exceed six months from the date on which the Office receives full proof of the injury suffered. This provision also applies in the event of aggravation of a loss already covered under the first paragraph of article L. 3122-1.
The offer indicates the assessment made by the Office for each head of loss, notwithstanding the absence of consolidation, and in particular because of the victim’s HIV status, as well as the amount of compensation due to the victim taking into account, on the one hand, the benefits listed in article 29 of law no. 85-677 of 5 July 1985 aimed at improving the situation of road accident victims and speeding up compensation procedures and, secondly, any compensation of any kind received or to be received from other debtors for the same loss.
The offer of compensation made to the victim pursuant to the first paragraph is presented by the Director of the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales.