Passenger rights in the event oftraffic accident
The passenger in a vehicle involved in a road accident is afforded special protection under French law.
Neither the driver nor the person responsible for steering the vehicle, the person involved is seen as a privileged victim of the lorry insurance scheme.compensation for personal injury.
Legislation, reinforced by case law, provides a strict framework for compensation for physical, material or moral injury.
The legal framework for liability
The basis of the passenger's right to compensation is the law of 5 July 1985known as the Badinter Act.
This text introduces an autonomous system of liability in the event of an accident involving a motorised land vehicle, Article 1 of which reads as followser provides that any victim of a road traffic accident involving such a vehicle is entitled to a full compensation for his lossesexcept in strictly defined circumstances.
The passenger, considered a third party within the meaning of the law, is therefore systematically compensatedThis does not apply if the driver deliberately caused the accident or sought to cause his own damage.
Full compensation for passengers
La driver's fault does not limit the passenger's right to compensation. The passenger may claim full compensation from the insurer of the vehicle involved.
Compensation is assessed on the basis of a medical expertise and according to the Dintilhac nomenclature, which lists the types of injury that can be compensated: permanent functional impairment, endured suffering, cosmetic injury, loss of pleasure, loss of future professional earnings, etc.
This protective regime is designed to guarantee the full repair bodily injuryThere is no unjustified reduction or cap. Even if the driver is at fault, the insurer is obliged to compensate the passenger, and may then take action against the person responsible.
Limits to the right to compensation
There are a number of limits to passenger compensation, notably laid down by theArticle 3 of the Badinter Actwhich provides that the victim may be excluded from the right to compensation if it committed an inexcusable fault that was the sole cause of the accident.
In practice, this mechanism only applies to exceptionally serious behaviour, such as taking part in an illegal race.
Possible recourse for passengers
Compensation for a passenger involved in a road accident is generally paid by means of a amicable settlement with the insurer, but in the event of disagreement, in particular over the amount proposed, the victim may refer the matter to the judicial tribunal for a full repair.
The procedure is based on thecontradictory medical expertise and the production of evidence of the losses incurred.
When several vehicles are involved, the passenger can take action against the insurer of any of the vehicles at fault, without having to determine which vehicle was at fault. The Badinter Act establishes a genuine solidarity between compensation debtorsThis avoids any difficulties of proof.
If the driver at fault is not identified or not insured, the passenger will be compensated by the insurance company. Compulsory Insurance Guarantee Fund (FGAO).
The role of insurance and subrogation
The insurer of the transporting vehicle indemnifies the passenger under the civil liability contract, before being subrogated to the rights of the victim and possibly exercising a right of action against the insurer. subrogatory action against the driver at fault or the other insurers involved.
This mechanism guarantees the victim rapid compensation.
The place of non-material loss and beneficiaries
Where the accident results in death, the beneficiaries passenger can claim compensation for their loss. moral damageas well as the economic losses incurred.
The law of civil liability in fact recognises the family as having an autonomous status in its own right. secondary victim.
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