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In the event of a road accident , what happens if the person absconds, is uninsured or insolvent? And how can I assert my rights with the insurance?
How can I claim my rights?
The simplest way is to request the intervention of the police and the gendarmerie, the only ones empowered to write authentic reports before the competent courts.
You will then have to, in connection with the work of the police, collect all the evidence (testimonials, photos) likely to feed your file and provide information on the circumstances of the accident.
Then, turn to a specialized lawyer who will assist you in your steps. The latter will put you in touch with a medical advisor to assess the damage suffered as accurately as possible.
What if the author is unknown?
You have the option of joining the FGAO (Compulsory Damage Insurance Guarantee Fund). The latter makes it possible to compensate the victims of accidents when the author is unknown, insolvent or uninsured. You must provide, preferably by requesting a specialized lawyer, proof that no other insurance can intervene to compensate you. Moreover, the criteria for compensation by the Guarantee Fund are very restrictive. Finally, the time to seize it varies from one to three years depending on whether the author is known or unknown.
How to be compensated?
By paying for the medical documents, you can obtain from your insurance the payment of provisions as long as your condition is not stabilized.
Then, at the end of your treatment, you will undergo a medical check-up which will definitively assess your damage and offer you compensation.
What should I do if my condition worsens?
You have the possibility of requesting a new expertise after having compiled a medical file. To do this, you will have ten years to initiate the action.
If the damage was incorrectly assessed?
You can contest the terms of the expertise and request a new expertise amicably or, in the event of failure, before the competent court; in which case a legal expert will then be mandated to assess your damages.
It is important not to accept a definitive compensation offer in order to be able to protect yourself and initiate any useful recourse to defend your interests.
For a study on the importance of the loss of professional income item, we invite you to read this article: The importance of the average item “Loss of current professional income”
DAMY Law Firm , Nice, I suffered bodily injury on the road, Update 2022.
