Victims of accidents causing bodily injury are fully entitled to claim compensation. Several conditions are, however, required to benefit from it.

Personal Injury That Can Be Compensated 

The bodily injuries, which are the subject of compensation, are very diverse. Besides physical harm, other types of bodily injury are also compensable. There are two categories of bodily injury: property damage and extra-property damage.

The former affects the property interests of the victim. The latter may, for example, be required to pay medical costs following a bodily injury suffered. As for extra matrimonial damages, they concern the non-pecuniary aspects. These include feelings.

For passengers, pedestrians, and cyclists who are victims of a road accident, bodily injury is fully compensated. The driver who has suffered bodily injury can also benefit from compensation.

However, the latter is determined according to his responsibility for the accident. Personal injury is only compensable if the accident was not caused voluntarily by the driver. The guarantees covered by his insurance must also be taken into account.

Procedures To Follow In The Event Of Bodily Injury

To obtain compensation, the declaration of the accident to the insurance must be made within 5 working days. The victim of bodily injury due to a traffic accident must provide the following documents to the insurance: the hospitalization certificate or the medical certificate, a copy of the accident report, and possibly a notice of work stoppage with a detailed explanation of the damage.

After submitting the file, the insurance company may send a summons for a medical assessment to the victim. This will then be examined by a doctor. The expert’s report will be sent to him by insurance 20 days after the exam.

During the 3 months following the request, the insurer must submit an offer to cover the damage caused. If the victim accepts it, he will receive the settlement within 45 calendar days. Otherwise, the victim can demand a better offer or go to court.

The Compensation Period For A Personal Accident

The periods relating to the proposal for an indemnity offer following an accident are divided into three according to article L.211-19 of the Insurance Code: a period of 3 months from the presentation of the compensation request, a period of maximum 8 months from the date of the accident and a period of 5 months for an offer of final compensation.

Compensation offers are identified as appropriate. The insurer must be careful because meeting deadlines is not the only obligation. It is also essential that it offers an adequate offer. The offer is notably defined based on the results of medical expertise. Failure to meet its obligations and failure to meet deadlines expose the insurer to sanctions.

Sanctions Following A Breach Of Obligations

Two kinds of sanctions are provided for by the Insurance Code in the event that the insurer does not comply with its obligations or if the offer of compensation exceeds the deadlines mentioned in the texts.

The first sanction concerns offer, which are unsuitable, in relation to the results of the medical examination. If the offer presented by the insurer is manifestly insufficient, the judge will require the insurer to transfer to the Guarantee Fund for compulsory damage insurance, an amount equivalent to 15% of the compensation awarded.

If the offer of compensation exceeds the period defined by the Insurance Code, the insurer must pay double the legal interest rate from the deadline until the time when he offers his offer to the victim.…