The recourse against At-Fault Parties

Recourse

In addition to its work with victims, the Guarantee Fund for Victims also has a recovery mission. This mission consists in taking action against each person responsible for an accident or a crime to recover the sums paid to the victims.

The Guarantee Fund for Victims’ debt recovery contributes to the accountability of those at-fault, their social reintegration, and the fight against recidivism.

Diligently managed with efficiency and compassion by specialised teams, it also guarantees compensation for tomorrow’s victims. The FGAO and the FGTI must be able to rely on these resources — 10% of the organisation’s income — which supplement the contributions of policyholders and insurers as well as the results of our financial investments.

The Guarantee Fund for Victim’s recourse against liable parties meets a threefold need :

 

1/ Ensure accountability of the wrongdoer

In the area of traffic, recourse is a means of combating the temptation of motorists and drivers of motorised machinery to not take out insurance, while at the same time helping to improve road safety.

In the area of offences, recourse is a means of holding the offender accountable through the financial consequences of their actions (assault, rape, etc.). It is also often a way for them to feel that they are even with society and the victim. It is part of the social reintegration process.

Recourse is also a deterrent and a means of preventing recidivism.

2/ Do not leave the victim with a feeling of impunity

The recourse of the Guarantee Fund for Victims sends a strong message for the victims it has compensated: the execution of the court decision that awarded them damages must be followed by action.

3/ Contribute to funding the Guarantee Fund for Victims

The results of the recourse represent a significant part of the funding for compensation of future victims.

Key Figures

In 2018, the FGTI recovered 92.7 million euros from authors.

The procedure followed :

As soon as the first euro of compensation is paid to the victim, recourse is implemented: contact by post and telephone is systematically sought with the at-fault party, in order to obtain payment of the sum paid. A repayment plan, in monthly instalments, fixed by mutual agreement according to the financial resources of the at-fault party, shall be put in place if their situation does not allow them to settle it in a single payment.

If the at-fault party is delinquent, legal enforcement procedures may be implemented if necessary.