Road Traffic Accident | Attorney Specialised in Personal Injury Compensation | Nice
Road traffic accidents occur frequently and often result in serious physical and psychological consequences. Whether you are a driver, passenger, pedestrian or cyclist, a road accident can upend your life and those of your loved ones. At Maître Marilyne Letessier, we understand the deep impact of these events and commit to helping you obtain the compensation you deserve.
Who Can Be Compensated as an Accident Victim?
Drivers
If you are a driver involved in a road accident, you may receive compensation for bodily injuries, even if you are partially at fault. However, the amount of compensation depends on the degree of your responsibility.
Passengers
Passengers of vehicles (whether in the liable or non‑liable vehicle) are entitled to compensation for bodily injuries. Generally, passengers are considered innocent victims, which allows them to receive full compensation.
Pedestrians
Pedestrians involved in a road traffic accident are entitled to compensation for bodily injuries. As the most vulnerable victims, they usually benefit from full compensation, except in cases of gross misconduct on their part.
Cyclists and Motorcyclists
Cyclists and motorcyclists, often seriously injured in accidents, can also receive compensation for bodily injuries. Like pedestrians, they benefit from full compensation unless gross fault is proven.
Indirect Victims
The close relatives of direct victims, such as spouses, children or parents, may also receive compensation for moral and economic damage they endure. This covers loss of household income, funeral costs, and moral damage related to suffering from seeing a loved one seriously injured or deceased.
Does the Location of the Accident Matter?
If the Accident Occurs in France
The law of July 5, 1985(the “Badinter law”) grants you compensation as a matter of right if you are:
- A passenger in the vehicle involved in the accident.
- A pedestrian or cyclist struck (unless gross misconduct).
- A minor under 16 years old, or a person over 70, or someone with at least 80% permanent disability, not driving, regardless of fault.
- A non‑fault driver when the accident involves another vehicle.
In cases of undetermined circumstances, you may be entitled to full compensation of your damage regardless of your category, including if you are a driver. If you are at fault, you may receive partial compensation depending on the severity of the fault. Only a fault of extreme gravity excludes compensation rights.
Even if the Badinter law excludes your right to compensation (single-vehicle accident, driver’s exclusive fault, etc.), you may still be compensated if you have a driver’s guarantee in your insurance policy. Moreover, the FGAO (Compulsory Insurance Guarantee Fund) ensures compensation when the liable party is unidentified or uninsured.
If the Accident Occurs Abroad
The Badinter law and its rules may apply under international conventions if:
- The collision involves two vehicles registered in France.
- You are a victim as a passenger in a vehicle registered in France.
In other cases where the Badinter law does not apply, you may seek compensation through the CIVI (Victims Compensation Commission for Offenses). You must act within three years following the accident and prove the facts constituting the offense.
What Are the Time Limits to Take Action?
- You have 10 years from consolidation to act under the Badinter law.
- You have 3 years from the accident to access the FGAO.
- The driver has 2 years under their insurance contract.
What Types of Damages Are Compensable?
For You (the Victim)
- Pain and suffering (pretium doloris): compensation for the pain and suffering endured following the accident.
- Bodily injuries: includes permanent or temporary disability, full or partial, and inability to work.
- Aesthetic damage: compensation for scars, deformations or other aesthetic harm.
- Sexual damage: compensation for inability to engage in sexual activity or procreation.
- Loss of enjoyment: compensation for inability to engage in cultural, sporting or leisure activities.
For Your Loved Ones
- Moral damage: your close ones receive compensation for the pain caused by your absence.
- Economic damage: your relatives receive compensation for financial difficulties caused by your absence (e.g. pension payments).
How to File a Compensation Claim?
Step 1: Report the Accident
Report the accident within five working days following the incident to the insurance of the responsible driver.
Step 2: Send the Required Documents
Send the following to the insurer:
- A medical certificate or hospitalization certificate.
- If needed, a work stoppage notice plus a letter explaining the damages.
- Your completed accident report form.
Step 3: Undergo Medical Examination
The insurance may require a medical examination. You will be summoned at least 15 calendar days before the examination. You can be accompanied by a physician of your choice.
Step 4: Receive the Expert’s Report
The insurer must send you the expert’s report within 20 calendar days of the medical exam.
Step 5: Obtain a Compensation Offer
The insurer must present an offer covering all aspects of your damages within three months after your request. If all damages are not quantified or liability is unclear, the offer may be made within eight months of the accident.
Special Cases
If the responsible party is unknown, uninsured, or if the accident was caused by a wild animal, the FGAO may intervene under certain conditions.
Why Involve a Specialist Attorney in Personal Injury?
Immediate Assistance
Once you contact us, we analyze your situation and provide tailored legal advice. We handle all necessary steps to safeguard your rights from the start.
Complete File Analysis
We examine in detail the accident circumstances, police reports, testimonies and medical evidence to build a solid case. This meticulous analysis maximizes your chances to receive full compensation.
Collaboration with Medical Experts
We work closely with consulting physicians to assess the extent and long-term consequences of your injuries. This ensures all aspects of your damage are taken into account.
Negotiation with Insurers
We negotiate directly with insurance companies to secure the best possible compensation. Our goal is to spare you complicated procedures and let you focus on recovery.
Representation in Court
If needed, we represent you in court to defend your rights and secure a favorable judgment. We fight to ensure you receive the justice you deserve.
How to Know If the Compensation Offer Is Fair?
The Insurer’s Offer
Under the Badinter law, the insurer must present a compensation offer based on a medical examination. This offer is decisive for determining your damages.
Medical Examination and Your Attorney
The medical examination plays a crucial role in the compensation process. I intervene at this stage to assist you. The insurance company summons the victim to a medical exam by its own medical advisor. A medical expertise may also be ordered by a court. In that case, an independent expert specialized according to the victim’s injuries is appointed.
Once the final expert report is submitted to the insurer, two situations may arise:
- If the victim is consolidated, their injuries are considered permanent. I then assess the damages item by item to award compensation.
- If the victim is not yet consolidated, I organize provisional compensation for already acquired damages, awaiting consolidation. I request this as a provision amicably or by summary judgment.
Amicable Compensation by the Insurer
Often, the compensation proposed by the insurer is lower than what you might obtain with legal assistance or litigation. With our assistance, I evaluate the adequacy of the proposal.
The insurer must make an offer within eight months of the accident. If the victim’s condition is not stabilized within three months, the offer may be provisional. The final offer must be made within five months after consolidation. If the insurer delays, the compensation amount accrues interest at double the legal interest rate from expiry of the deadline until the date of the offer or final judgment. A clearly insufficient offer is equivalent to lack of offer.
Our Compensation Routes
If the offer is inadequate or incomplete, I pursue compensation through court. I may request judicial expertise, provision or liquidation of damages.
With my assistance, you can pursue compensation for your damages through:
- Transactional route: direct negotiation with insurer.
- Litigious route: before civil or criminal courts, especially if the author of the accident is prosecuted for involuntary injuries or other offenses.
Choosing the Best Option
Maître Marilyne Letessier discusses all procedural options with you and, in consultation with you, chooses the compensation route best suited to your situation. Her objective is to ensure you receive fair and full reparation for all suffered damages.
For any questions or to initiate a claim, do not hesitate to contact us. Together, we will work to ensure you receive justice and recognition after a road traffic accident.
