ROAD
ACCIDENTS
Accidents between car drivers
You are the victim of a traffic accident
You are the passenger
Your right to compensation is complete and cannot be disputed by an adversary. The intervention of a specialized lawyer and an appeal doctor is essential to optimize the compensation for your damage.
You are the driver
Your right to compensation may be contested by the motorist responsible for the accident. It can be complete if no fault is attributed to you. It can be reduced or excluded in the event of proof of fault on your part.
Contractually with your insurance company, your contract may include a driver's guarantee. In which case, even in the event of fault, you can under certain conditions obtain compensation.
The intervention of a specialized lawyer is essential to obtain full compensation for your damage. It must sometimes be accompanied by the intervention of a specialized medical practitioner. Sometimes the intervention of an expert in accidentology is also appropriate.
You are the driver of a motorbike or a moped
Compensation follows the same rules as for motorists because you are the driver of a motorized land vehicle.
Accidents involving a pedestrian
You are the victim of an accident as a pedestrian
You are a pedestrian and hit by a vehicle
You are crossing the street and you are hit or run over by a motorist. Your right to compensation is complete. The motorist's insurer must fully compensate your damage.
Only an inexcusable fault can be blamed on you and prevent your compensation. Jurisprudence is very restrictive as to the definition of this inexcusable fault. This would be a fault amounting to an act of self-destruction.
In summary, the pedestrian is compensated in 99% of cases.
The intervention of a specialized lawyer is essential to obtain the best possible compensation. The choice of a specialized lawyer is all the more justified since the injuries sustained by a pedestrian hit or knocked down by a motor vehicle are very often heavy or even very heavy.
Accidents involving a cyclist
You are the victim of an accident as a cyclist
You are run over by the driver of a motorized land vehicle
Your right to compensation is complete. You are in a situation equivalent to that of a pedestrian.
The intervention of a specialized lawyer and an appeal doctor is essential to optimize the compensation for your damage.
You are the victim of an accident due to the intervention of a pedestrian
A problem of compensation for your damage may arise if you are accused of a fault.
The intervention of a specialist lawyer familiar with the rules of civil liability is essential to allow your compensation.
Accident concerning the use a new means of transport
You are the victim of an accident with a new means of transport
New means of transport have appeared: scooters, electric scooters…. These new means of transport have led to road accidents and new damage, sometimes very significant.
This new type of accident could not be provided for by the law of July 5, 1985, known as the Badinter Law, which governs compensation for accidents on public roads. The case law has not yet been settled and the intervention of a specialized lawyer is essential to obtain, if the conditions are met, compensation for damages.
an accident on the public way
The mutual agreement procedure
The Law of July 5, 1985, known as the Badinter Law, obliges insurers to formulate an amicable proposal for compensation. Our firm intends to favor an amicable solution of the case. This obligation makes it possible to obtain compensation within a reasonable time and makes it possible to rule out legal risks that are always possible in the event of proceedings. Our firm will move towards a legal solution as soon as the bad will or bad faith of an insurance company is observed.
This type of procedure does not pose any difficulty and will always be undertaken in the interest of our client. The amicable procedure begins with an exchange of correspondence between our firm and an insurance company. This may initially be the victim's insurance company because the insurers have signed agreements between themselves, the main one being the IRCA agreement which allows the victim's own insurer to make a settlement proposal according to certain conditions relating in particular to the lesser severity of the lesions. This process begins with the payment of a provision, then by the implementation of an amicable expertise and finally by the proposal for compensation based on the expert report.
At any time we can abandon the amicable way and seek a legal provision to be claimed on the compensation for the damage and a judicial expertise.
The court procedure
Since the appointment of a medical expert is compulsory to determine and quantify the damage, the summary procedure makes it possible to obtain within a reasonable time (approximately 6 months) the appointment of a legal medical expert and, if necessary, if the conditions are met, the allocation of a provision.
Our firm will be present alongside the victim at the medical expertise. The assistance of a specialized referral doctor is essential so that a medical discussion can take place. Upon receipt of the pre-report of medical expertise, our firm will formulate statements (observations) which will oblige the medical expert to respond. The answers will be attached to the medical expert report. Upon receipt of this report, our firm will again engage in transactional talks with the lawyer of the insurance company of the Responsible Third Party.
In the event of failure of these talks, a summons will be issued in summary proceedings to request the allocation of an additional provision, and also a summons to the merits to request the complete liquidation of the damage.