Principle of the right to full compensation of the direct victim
Compensation for victims of traffic accidents is governed by the Law of 5 July 1985, known as the BADINTER LAW, which established the principle of the right to full compensation for any victim of an accident involving a responsible third party. The victim will then be compensated for all of his injuries resulting from the accident in which he was injured.
Thus this right to full compensation is recognized for pedestrians, cyclists, passengers carried, drivers of cars, scooters or motorcycles. However, regarding the driver victim, the latter will be fully compensated only in the absence of fault on his part may partially reduce or completely exclude his right to compensation. This limitation or exclusion of the driver’s right to compensation will apply only when it is proven that his fault is at the origin of the accident.
The Cabinet Chambolle thus obtained the compensation of drivers which had been refused initially considering the circumstances of the accident. The victims were compensated while they could be prosecuted for one or more infringements of the highway code, this behavior not being at the origin of the accident. Finally, in the event of indeterminate circumstances (imprecise investigation, divergent testimonies …) the victim retains a right to full compensation.
Compensation for family circle (ricochet victims)
Victims indirectly of the main victim, that is, his closest entourage (parents, spouse, children, grandparents) also have a right to compensation for their loss of affection, economic …. In the event of the death of the direct victim, this compensation must be given special attention since it must be as wide and as important as possible.
Steps in the compensation process
This process can be amicable if the right to compensation is immediately recognized by the Insurance Company of the responsible vehicle. In this spirit, the law of July 5, 1985 establishes an obligation for the Insurance Company to propose to the victim the payment of first provisions, the organization of an amicable assessment and finally to submit a compensation proposal within five months of consolidation. Thus a majority of victims, not assisted by a specialized lawyer such as Paul Napoli Attorney, then accept compensation amicable far too weak as a result of hasty expertises entrusted to the doctors of the company. The intervention of a specialized lawyer has a major impact on the compensation process and therefore the sums allocated to the victim.
As a result, the Cabinet has been able to obtain considerably more compensation in a large number of cases, particularly for stroke victims, than those offered to the victim.
– It is also possible to initiate legal proceedings in order to recognize the right to compensation s ‘ is challenged to seek the appointment of an expert by the Tribunal and the financial compensation to the victim.
– Criminal proceedings may be instituted and the person responsible for the accident may be prosecuted before the Criminal Court.
The Cabinet then assists the victim in his civil party suit at the correctional hearing.
– Finally, in certain circumstances, the person responsible for the accident may not be known, not be insured or the accident may be due to a wild animal.
It will then be up to the Guarantee Fund for Compulsory Insurance to provide compensation to the victim.