Admissibility of the FGAO's intervention
Under the terms of Article L. 421-5 of the Insurance CodeThe guarantee fund may intervene, even before the criminal courts and even for the first time on appeal, with a view in particular to contesting the principle or the amount of the compensation claimed, in all proceedings instituted between the parties. accident victims or their beneficiaries, on the one hand, and the parties responsible or their insurers, on the other.
In proceedings between a driver and his insurer, his intervention is inadmissible.
When can the FGAO intervene (admissibility of the FGAO's intervention)?
It was created to cover the consequences of personal injury road accidents. This is the case when the perpetrator is not identified, is not insured or his insurer is not solvent.
The FGAO will only intervene if :
-The accident took place in a public, not a private, place in France or the European Economic Area (EEA);
-The accident involves a motorised land vehicle, a person travelling on the public highway or an animal.
Who, when and how to contact the FGAO?
If the person responsible for the accident is not known, the FGAO must be contacted by the victim or his/her beneficiaries.
Please note that the FGAO does not provide compensation:
-The drivers responsible for the accident ;
-The vehicle thieves or their accomplices ;
-foreign nationals not resident in France or the EEA.
In other cases, the insurance company generally refers the matter to the FGAO. Alternatively, the victim or his heirs may take the matter up themselves.
A "claim for compensation" form can be downloaded from the FGAO website:
If the person responsible for the accident is identifiedYou have a maximum of 1 year to submit your claim to the FGAO.
If, on the other hand the person responsible for the accident is not identifiedYou have 3 years to file your claim after the accident.
For what damage?
Bodily injury
No limit will be placed on the amount covered if the person responsible for the accident, or the owner of the animal responsible, is unknown. The same applies if the accident was caused by a wild animal.
Material damage
This is covered if the person responsible, or the owner of the animal responsible, is unknown AND the victim has suffered bodily injury at the same time. Similarly, material damage is covered if the person responsible for the accident is not insured.
However, the FGAO does not compensate property damage resulting from an accident with a wild animal.
Compensation from the FGAO for damage to property may not exceed €1,220,000 per claim.
