Practice Areas
Traffic Accidents
Compensating Victims of Traffic Accidents
In France, compensation for victims of traffic accidents is governed by a specific legal framework established by Law No. 85-677 of July 5, 1985, known as the “Badinter Law.” This landmark legislation established a right to compensation that provides particularly strong protection for victims, by establishing the principle that any driver or custodian of a motor vehicle involved in an accident is required to compensate for the damages caused, without the victim having to prove fault.
At BTK Suchet Avocats, we support victims (pedestrians, cyclists, passengers, and driver) throughout the entire compensation process. Our dual Franco-German background also enables us to handle traffic accidents occurring in a cross-border context, whether it involves an accident in France involving a vehicle registered in Germany or an accident abroad involving a French resident.
A Protective Framework for Victims
The Badinter Law distinguishes between two categories of victims. Non-driver victims—pedestrians, cyclists, passengers—are entitled to virtually automatic compensation. Their compensation may be reduced only if they intentionally sought to cause the harm. Drivers, on the other hand, may have their compensation reduced or denied if their own fault contributed to the occurrence of their injury (Article 4 of the Law of July 5, 1985).
This distinction, unique to French law, differs significantly from the German system, where liability is based more on the concept of the vehicle’s custodian (Halter) and on a system of presumption of fault. We explain the practical implications of these differences to our cross-border clients.
Our Services in Traffic Accident Cases
We handle the entire claims process: filing the claim and handling initial procedures with the insurer, monitoring medical evaluations (whether out-of-court or court-ordered) and challenging unfavorable expert reports, assessing and negotiating compensation items according to the Dintilhac classification (economic and non-economic damages), out-of-court and litigation claims against insurers in cases of insufficient or delayed offers, cross-border accidents involving foreign vehicles in France or French residents involved in accidents abroad, and accidents involving uninsured or unidentified vehicles (referral to the Guarantee Fund for Compulsory Property Damage Insurance-FGAO).
Frequently Asked Questions : Traffic Accidents
Under the Badinter Law, the insurer of the vehicle involved must submit a compensation offer to the victim within eight months of the accident (Article 12 of the Law of July 5, 1985). If the victim’s injuries have not yet stabilized, a provisional offer must be made within five months. The victim then has fifteen days to accept or reject the offer. In the event of a rejection or an insufficient offer, the victim may file a claim with the court.
The Dintilhac classification system, used by French courts, lists all categories of damages eligible for compensation. For financial damages: medical expenses, loss of income, costs of third-party assistance, and professional impact. For non-financial damages: pain and suffering, cosmetic damage, loss of enjoyment of life, and temporary and permanent functional impairment. Each category is subject to a specific assessment, typically through a medical evaluation.
If the at-fault party is uninsured or if the vehicle has not been identified, the victim may file a claim with the Guarantee Fund for Compulsory Property Damage Insurance (FGAO). This fund, established by Article L. 421-1 of the Insurance Code, provides compensation to victims in place of the defaulting insurer. The claim must be filed with the FGAO within three years of the accident.
When an accident occurs in France and involves a vehicle registered in Germany, French law generally applies (Rome II Regulation, Article 4). The victim may file a claim directly against the insurer of the foreign vehicle through the Green Card system and the French Central Bureau. Conversely, a French resident involved in an accident in Germany is subject to German law. Our firm, which is German-speaking and well-versed in both legal systems, coordinates these cases from start to finish.
Compensation offers made by insurers are often lower than the actual damages suffered. A lawyer’s assistance allows you to challenge unfavorable medical reports, assess each category of damages according to the Dintilhac classification, and negotiate—or litigate—to obtain full compensation. In complex cases (serious bodily injury, cross-border accidents), having a lawyer involved often makes a significant difference in the final settlement amount.