Hit-and-run accidents and compensation
Priority in the event of an emergency traffic accident is to identify the causes and assess the consequences. This is so that the process of compensating the victims can be initiated. This step can be complicated if the person responsible for the accident has fled the scene.
Qualified under criminal law as a hit-and-run offence, this behaviour constitutes an aggravating circumstance. It presupposes that the person identified as being responsible for the accident voluntarily left the scene. And this without stopping or rendering assistance, or even giving their contact details, even though they knew they had caused an accident.
While the French Penal Code punishes this behaviour, beyond the reprehensible aspect, there is the question of the civil and insurance consequences on compensation for the victim.
Compensation available despite unidentified perpetrator
When the perpetrator of a traffic accident flees the scene and is therefore not identifiable as being liable, this does not prevent the victim from obtaining compensation.
In France, the Compulsory Insurance Guarantee Fundhttps://www.fondsdegarantie.fr/fgao/ (FGAO) intervenes specifically in this type of situation.
The FGAO can compensate bodily injury and property damage caused by an unidentified driver, provided certain conditions are met.
In addition to the fact that the accident took place in FranceIn order to receive compensation, the victim must not itself be responsible partly or wholly responsible for the accident. Another requirement: the victim's injuries must be established with supporting documents.
In terms of bodily injuryIf the victim has not committed any serious fault, compensation is virtually automatic. In the case of property damageThe FGAO's intervention is more restrictive. Among other things, the victim must prove that he or she does not have comprehensive cover in his or her insurance policy.
Hit and run the complaint and the compensation file, key stages
For the victim of a hit-and-run accident, filing a complaint remains an essential condition for recognising the criminal nature of the leak and opening the way for an investigation.
The complaint report is forwarded to the insurer and, where appropriate, to the FGAO.
In the case of personal injury, compensation is virtually automatic if the victim has not committed any serious fault. For property damage, the FGAO's involvement is more restrictive. In particular, the victim must not have all-risk cover in his or her insurance policy.
At the same time, a file of claim for compensation must be carefully compiled. This file contains items such as the initial medical certificate, medical reports, repair estimates in the case of material damage, and any evidence of the accident (photos, witness statements, etc.).
The FGAO has the following resources at its disposal one month to respond to the request. If an offer of compensation is refused or is insufficient, the victim may take legal action.
Identified author: back to a standard compensation procedure
When the person responsible for the hit-and-run is finally identified, compensation can follow a more conventional route. If the person responsible is insured, his or her insurance company will pay compensation to the victim, but if there is no insurance, the FGAO can always intervene, with the fund then taking action against the person responsible for the hit-and-run to recover the sums paid out.
You will find our concrete recommendations below:
-. File a complaint immediately after the accident to launch the investigation and inform the relevant bodies;
-. Gather all evidence of the claim without delay: medical certificates, estimates, photos, witness statements, etc;
-. Check your insurance policy to find out whether it includes comprehensive cover;
-. Being accompanied by a lawyer helps to optimise the claim and make the process more secure. It also makes it possible to effectively contest an inadequate offer or a refusal.
Hit-and-run accidents and compensation
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