These rules are applicable to compensation for bodily injury suffered by a person following a road accident.
The compensation proposal
The compensation offer made by the insurer of the person responsible for the accident must cover all the consequences of the bodily injury suffered by the victim. So it is necessary to contact a road lawyer such as Law Marie Napoli And especially:
- All healthcare costs incurred (net of benefits paid by social security organizations)
- All income and wages that the victim would have received if he had not been injured (net of benefits paid by the employer and / or social agencies)
- All the harms suffered:
- Permanent Functional Deficiency (DFP): impairment of physiological functions, permanent pain, loss of quality of life and disturbance of the victim’s life. It is evaluated, after consolidation, by a rate of AIPP (impairment of physical and psychological integrity) graduated on a scale of 1 to 100.
- The compensation is represented by the amount paid in this respect, or by the value the DFP equal to the amount of the benefit divided by the AIPP rate;
- Suffering endured: physical suffering, psychic and associated disorders endured by the victim from the day of the accident to that of consolidation. They are evaluated on a graduated scale of 1/7 (pain endured very light) to 7/7 (suffering endured very important);
- Permanent aesthetic damage : all physical disgrace, major scars or deformities attributable to the accident and persistent after consolidation. They are evaluated on a graduated scale of 1/7 (very slight aesthetic damage) to 7/7 (very important aesthetic damage);
- Prejudice of pleasure: impossibility to practice a sports or leisure activity which was regularly practiced before the accident. It is appreciated in concrete and takes into account all the parameters of the victim: age, sex, regular practice of a previous sport activity.
The compensation procedure
In principle, the victim of the accident receives, from the insurer of the person in charge, an information file and a medical questionnaire, which must be completed and returned within six weeks with supporting documents (judgment of work, medical certificate, etc.). He is then summoned for an examination by a doctor mandated by the insurer. The conclusions of the medical report are sent to him within 20 days following the date of the examination.
But the victim can also send a claim directly to the insurer, accompanied naturally by all the supporting documents. The insurer can then:
- make an offer of compensation within three months of receipt of the claim, which may be reviewed if the victim’s state of health is not stabilized,
- postpone the offer of compensation if:
- responsibility for the accident is not yet clearly established
- or if the state of health of the victim is not yet stabilized.
In the event of a late claim by the victim or his successors or if the insurer concerned requests additional time for the above reasons, the latter is still obliged to make an offer of compensation. within eight months after the date of the accident.
If the victim accepts the insurer’s offer, the insurer must pay the indemnity provided within 45 days of accepting the offer. The payment can take the form of a capital or a life annuity
The victim has a withdrawal period of fifteen days after acceptance of the offer.
In case of disagreement, the dispute will be settled by the courts, which will determine the amount of compensation.