Law Exclusives

Pedestrian victims of a car accident Pedestrian victims of a car accident
Except in very special cases, pedestrians who are victims of a traffic accident always receive compensation. Any pedestrian victim of a road accident involving... Pedestrian victims of a car accident

Except in very special cases, pedestrians who are victims of a traffic accident always receive compensation.

Any pedestrian victim of a road accident involving a motor vehicle has a right to compensation, regardless of its liability regime. There is one exception: if he accidentally provoked the accident (examples: suicide or suicidal behavior) or if he committed an inexcusable fault (crossing on a highway, for example) which is the exclusive cause of this accident.

However, victims under 16 years of age (as well as over 70s and those with at least 80% disability) are not considered to be responsible for this fault. In legal terms, this fault is not “opposable” to them.

Good to know. A pedestrian struck by a person on a bicycle, skate, rollerblade or scooter must ask this person for the details of his liability insurance. He may thus be compensated for any material and bodily injury.

Five days maximum to warn the insurer

Victims of a traffic accident (or persons accompanying them if they themselves are not in a position to do so) must collect the date, place and circumstances of the accident, the name and address of the driver of the vehicle involved, the name of his insurance company and the number of his contract or, failing that, the names and addresses of the witnesses.

Good to know. Most often, all this information is specified on the accident report completed during the accident.

The insurer of each vehicle involved must be informed promptly of the accident, at the latest within 5 working days. This can be by phone. Once notified, the insurer must send a letter to the victim to inform him of his rights:

  • free obtaining of the report of gendarmerie or police;
  • assistance of the expert lawyer such as Marie Napoli like a or doctor of his choice in the event of a medical examination .

A questionnaire attached to this letter includes the description of bodily injury, the professional activity, the identification of tax-dependent persons and third-party payers (social organizations, mutual, employers, etc.) to pay benefits. The victim must respond to it and return it within six weeks; otherwise the delay in suspending compensation is suspended.

For medical examination, opinion on parts or medical expertise

Depending on their seriousness, the bodily injuries are evaluated based on a notice on parts or medical expertise.

The notice on parts is done after examination of the medical documents (initial medical certificate, certificates of work stoppage, orders of care …) by a doctor chosen by the insurer. This practice only concerns very slight injuries.

For minor to very serious injuries, the insurer will offer a medical examination by commissioning an expert physician. The victim is notified at least 15 days before the date of the examination. She can be assisted by a specialist doctor of her choice. After the examination, the expert assigned by the insurer has 20 days to send a copy of his report to the victim and, where applicable, to the doctor who assisted him.

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