Compensation for bodily injury
For bodily injury to the driver, passengers and even others around, the compensation procedure is a little more complicated than for property damage. Indeed, the doctors of
emergency services, called to the scene of the accident, must assess the injured person's state of health, carry out first aid and then transfer him to hospital. These costs are covered by his social security system and his complementary health insurance.
The convalescence
This is a period the term of which cannot be defined ahead of time: it all depends on how quickly the wounds will heal, or whether there are any complications. It is therefore necessary to wait until the injured person's condition is "consolidated", that is to say not likely to improve or worsen. From that moment, an expert appointed by the injured person's insurer will be able to rule on the extent of the suffering he has endured and its after-effects. For example: a partial functional deficit or aesthetic damage.
Compensation for the injured driver
His compensation depends on his degree of responsibility for the accident and the guarantees he has taken out with his insurer to cover his bodily injury. The victim is contacted to establish the compensation file. If a medical expertise is requested, she is informed. She can ask to be assisted by her own doctor.
In any case, no later than eight months after the accident, the victim must receive a compensation proposal. But if his injuries are significant and require a lot of expense, the accident insurer may pay him one or more provisions against the total compensation.
Compensation for bodily injury according to responsibilities
The guarantee of civil liability insurance ("third party")
Liability in the accident Compensation for bodily injury of the insured
The insured is not responsible for the accident. Full coverage of bodily injury suffered by the insured.
The insured is responsible. No compensation possible.
Harms shared between the insured and the other driver. Coverage of bodily injury to the insured proportional to his liability rate.
Person in charge not identified No reimbursement of
damage suffered by the insured (except intervention of the FGAO).
Individual accident cover and all-risk insurance
For individual accident cover and all-risk insurance, compensation for bodily injury to the insured is always fully covered, regardless of liability for the accident.
How is the compensation estimated?
The amount of compensation for a road victim takes into account:
Medical expenses not reimbursed by health insurance and complementary health insurance;
Physical, psychological and other prejudices (aesthetic, pleasure, etc.);
The income the person would have received if they had not been injured;
Possible permanent incapacity;
Damaged clothes or objects.
Compensation for other victims
The other victims - passengers, pedestrians, cyclists - are fully compensated for their bodily injuries, unless they have committed an inexcusable fault. No deductible is applied to them. Victims under the age of 16, over 70 or 80% disabled are compensated even if they have committed an inexcusable fault. However, they are not entitled to anything if they intentionally caused the accident (for example by attempting to commit suicide).
Compensation for victims "indirectly"
The spouse, cohabiting partner, PACS partner, parents, children, brother or sister of a person who is the victim of a serious accident, may have indirectly suffered damage. They can then obtain compensation if the direct victim's right to compensation is recognized. This damage can be:
Moral: linked to the death of the direct victim or to the severe handicap from which she still suffers;
Economic: linked, for example, to the loss of income suffered in the household due to the disappearance of the victim.
إرسال تعليق