To help you through the process
- You were the victim of a traffic accident involving a vehicle, the at-fault party has been identified, but they are not insured or not covered by an insurer.
- You were the victim of a traffic accident involving a vehicle, and the at-fault party has not been identified.
The conditions of your compensation
The accident of which you are a victim must have occurred either in mainland France or in Guadeloupe, French Guiana, Martinique, Mayotte, New Caledonia, French Polynesia, Reunion Island, or Saint-Pierre-et-Miquelon.
The vehicle that caused your accident is not insured and must be registered in France.
You must not be at fault in the accident nor the owner of the vehicle involved (for material damage).
You must either be a French national or have your primary residence on French territory, or be of Moroccan, Tunisian or Swiss nationality, or be a national or resident of a State of the European Economic Area or the Holy See.
- If the accident was caused by a vehicle, and the driver of the vehicle has been identified, you can obtain compensation for your personal injury and material damage.
- If the accident was caused by a vehicle and the at-fault party has not been identified, you may obtain compensation for your personal injury, but the Fund will not be able to intervene to compensate material damage unless, in the accident, you or another person was hospitalised for more than 7 days followed by temporary total disability equal to or greater than one month, or a permanent functional impairment of at least 10%, or if a person died.
Docuemnts to provide
- the compensation claim form (french version),
- a photocopy of your ID card, passport, or residency permit,
- a photocopy of the police report (if this document is not in your possession, indicate the contact details of the authority that prepared it), failing which, a photocopy of the accident statement signed by both parties or an accident report accompanied by one or more witness accounts,
In case of personal injury :
- the initial medical certificate describing the injuries (the first certificate normally prepared on the day of the accident by the hospital or the attending doctor),
- possibly the recovery certificate or a medical certificate indicating consolidation,
- proof of loss of income (refer to the form),
- proof of medical or hospitalisation expenses incurred and reimbursements from welfare agencies,
In case of material damage :
- any document showing an assessment of the amount of material damage: damage survey report or paid invoice,
- insurance contract for the damaged property, specifying the nature of the cover taken out and the absence of damage cover (all-risk insurance, for example).
How soon should you send your claim ?
In general, it is in your interest to send your claim to the Guarantee Fund for Victims as soon as possible (most of the time, your insurer will take care of this).
However, if you wish to take direct action with the person who caused the accident in order to obtain compensation or if you have already chosen to do so (simple negotiations or legal action), you will have one year from either the negotiation with the person who caused the accident or the final court decision to file your compensation claim with the Guarantee Fund for Victims.
Please note that in this case you have a maximum of 5 years to undertake this direct process with the at-fault party.
If the at-fault party of the accident has not been identified, you have a maximum of 3 years from the date of the accident to submit your claim to the Guarantee Fund for Victims.