Legal consequences of an accident, legal advice
I was the victim of an accident and I am asking for compensation before the courts. Is it possible to include in my damages, the telephone and television costs that I had during my stay in the hospital?
Yes. Indeed, French law lays down the principle of full compensation for damage. It is therefore normal to take into account in the calculation of the damage, the cost of telephone rental and television in the hospital room, so as to replace the accident in the conditions in which it would have been if the accident had not occurred. had not taken place. Television and the telephone are therefore now placed on the same level as bedtime and food.
I am summoned before the criminal court following an accident for which I am responsible. How and where can I find a lawyer?
You can consult the bar association (whose premises are generally located at the Tribunal de Grande Instance in your town), the list of lawyers specializing in criminal law.
If your income is low, you can go to the official commission office, with your summons to the hearing and your declaration of income, to ask for the appointment of a lawyer who will then be appointed.
I just had a car accident, for which I am not responsible, and my vehicle was towed into a garage. I would like to have it repaired as soon as possible because it is essential for me to exercise my profession. The mechanic told me that it would be better to wait for my insurance expert’s report before starting the repairs. Is he right?
First of all, it is best to check with your insurance if an expertise is really necessary. Indeed, for minor damage, an expert is not always required and, in this case, you can have the work carried out immediately, before obtaining reimbursement from your insurance.
Otherwise, the expert will take place approximately fifteen days after the accident. To avoid this wait, some contracts provide for a period beyond which you can have the vehicle repaired. But there is always a risk that the insurance reimburses you less than the amount of the work carried out. You have the right to be present when the expert visits the garage.
I was sitting in my car, stopped, when another vehicle hit it. But the driver responsible for this accident was not insured. I suffered a severe head injury. How can I get redress?
The Automobile Guarantee Fund was created expressly to remedy this type of situation. To benefit from it, you must either have French nationality; either have their main residence in the territory of the French Republic; either be a national of a State that has concluded a reciprocity agreement with France and that they meet the conditions set by this agreement; or finally, for accidents involving motor land vehicles as well as trailers or semi-trailers of these vehicles, be a national of a Member State of the European Union, other than France, of the Holy See, of Saint Marin or Monaco, or have their main residence in one of these States. (Article R 421-13, paragraph 1 of the Insurance Code)
If you have been injured, you must send all supporting documents concerning the accident to the Guarantee Fund, at the latest three years after the accident, when the person responsible for the accident is unknown. If it is known, this period is reduced to a maximum of one year after the date of the transaction (if there was one) or of the court decision condemning him.
If you have only suffered material damage, the Guarantee Fund will reimburse you on the sole condition that the person responsible for the accident is identified, but not insured.
At the wheel of my car, 80 km/hour, I thought I was driving over a fallen tree trunk on the road. In fact, I realized too late that it was in fact a man lying down, whose head and torso were encroaching on the pavement. Am I wrong?
No, because it seems that in your case the accident victim had climbed the embankment leading to the traffic lane before lying down at the edge of the road. Regarding a similar incident, the courts decided that she had committed an inexcusable fault and that the driver was not responsible (Court of Cassation, 2nd Civil Chamber, March 28, 2013).
It was also judged that it constituted an inexcusable fault committed by the victim, the abandonment of his vehicle, which had broken down, at night, and the maintenance in the fastest traffic lane of a highway, in the absence of any public lighting and any equipment enabling it to be distinguished (Civ, 2nd, 27 May 1999).
On the other hand, it does not constitute an inexcusable fault the imprudence of a victim of a traffic accident who vainly signaled several vehicles when his own had broken down before getting onto the road in the hope of ‘tre vue (Civ 2nd, June 4, 1997).
After an accident, I lost the use of my right leg. How to assess the compensation that I will receive?
Compensation for damage is always preceded by a medical report by your insurance expert.
It is advisable to be assisted by a lawyer specialists, to correctly assess the amount that the insurance will offer and decide whether to accept or to file a lawsuit to try to obtain more.
In general, the compensation obtained in court, through the intermediary of a lawyer (whose costs will then be reimbursed), is higher, but the procedure remains extremely long (2 to 3 years, or even more) and many victims prefer to receive less, but without excessive delays!
My damaged car turns out to be irreparable. I was not held responsible for the accident. How will the insurance reimburse me?
You will be fully reimbursed for the loss you have incurred, unless your vehicle was old. If you had been responsible for the accident, you would only have been reimbursed if you had taken out a very comprehensive insurance policy.
I want to go on vacation hitchhiking. If the car I am riding in has an accident, will I be legally protected?
Since the law of July 5, 1985, you are considered a normal passenger. If you are injured in an accident, the insurance of the vehicle that took care of you will have to compensate you (in addition to social security and your mutual insurance if you have one). This is the case whoever the driver is (even if it is a friend) and whether or not there has been cost sharing.
In some cases you could be deprived of compensation if you knowingly board a car in very poor condition, or with many passengers or luggage, or if the driver is obviously drunk.
You have to be careful not to get into a vehicle that is not insured, or whose car insurance is not up to date (it is possible to check this information using the sticker on the windshield). Indeed, in the event of an accident and injury, the motorist is entirely responsible. If he is not in good standing, you will not be covered by insurance.
I just sprained my ankle bringing my son home from nursery. Then I had to go to work. Can this accident be considered a commuting accident?
Yes. This is not an accident at work but a commuting accident because it occurred on the way to the office or the one who takes you to your lunch, on the way there or on the way back, during the normal timetable of the journey.
The courts have accepted as accidents at work, the fact of shopping, picking up/dropping off your child at the crèche, going to the doctor or the hairdresser. On the other hand, if you sprain your ankle inside the crèche, it is no longer a commuting accident.
If you are the victim of a commuting accident, you are covered 100% by social security. This accident is assimilated to a classic sick leave and not a stop for an accident at work. You cannot be fired during a period of sick leave due to a work accident, on the other hand it is possible during a sick leave due to a commuting accident.
For a glass breakage, my car insurance company had to pay me a sum of money equivalent to half the amount of my insurance premium. It had been decided, verbally, that I would not pay the second part of my premium. But, although I had sent a confirmation letter, with acknowledgment of receipt, I was reimbursed all the same. The normal deadline for payment of my premium having then exceeded, my payment was made late. In the meantime, I had an accident. Insurance refuses to cover it. Does she have the right?
In a similar case, the Court of Instance of Saint Germain en Laye rendered a judgment on November 7, 1996, condemning the insurance company to cover the accident and pay damages and interest to the insured.
It was judged that the termination of the insurance contract was abusive. The behavior of the insurer and, more particularly, its silence in the face of multiple letters from the insured, cannot constitute termination of the contract.
I am a security guard for a company and during a patrol I tripped and I fainted, when I woke up, my arm was broken. Was it a work accident?
An accident at work can be defined as an accident that occurs as a result of or in connection with the work of any employee. Any employee or person working, in any capacity or in any place whatsoever, for one or more employers or company managers can claim a work accident.
This according to article L. 411-1 of the Social Security Code.
The work accident to be valid must be sudden and independent of an existing pathology. The work accident can therefore take the form of an external or internal bodily injury.
However, the most important thing is the existence of a connection with work. This link is certain when: the accident occurred during the performance of the employment contract and in a workplace. Finally, it is important to remember that working time includes rest and lunch time in the company. Whereas, the workplace includes him, the company and its outbuildings as well as the canteen and the parking lot made available to staff, if there are any.
Your situation seems to fit into this definition of a work accident.
I am currently working remotely and having to use my mouse I had a dislocated wrist. Is it a work accident ?
The last paragraph of article L 1222-9 of the Labor Code indicates that: “The accident occurring at the place where the telework is carried out during the exercise of the professional activity of the teleworker is presumed to be an accident at work at the meaning of the provisions of Article L. 411-1 of the Social Security Code.”
An accident at work is an accident occurring by the fact or occasion of the work of any salaried person. Any employee or person working, in any capacity or in any place whatsoever, for one or more employers or company managers can claim a work accident. This according to article L. 411-1 of the Social Security Code
In this case, you meet the conditions that must have an accident at work, even if it did not take place on the premises of the company. You are therefore covered and do not have to fear a difference in treatment. If this happens, do not hesitate to contact a lawyer to assert your rights.