Traffic accident in a public area caused by something other than a motor vehicle

Your situation

 

You were the victim of a traffic accident caused by something other than a vehicle (car, scooter, lorry, etc.). For example, it could be an accident caused by a bicycle, pedestrian, animal, skier, etc. that has not been identified or has been identified but is not insured or not covered by an insurer.

Compensation Form (french version)

The conditions of your compensation

The accident of which you are a victim must have occurred in a place open to public traffic (i.e. outside private places) in mainland France, Guadeloupe, French Guiana, Martinique, Mayotte, Reunion Island, or Saint-Pierre-et-Miquelon.

You must not be at fault in the accident, the owner of the animal or thing, or the person who has custody of it or who may be held responsible for it, nor the spouse, ascendant, or descendant of any of these persons.

If the accident was caused by an identified person or an animal whose owner is identified without the possibility of intervention by an insurer, you can obtain compensation for your personal injury and material damage.

If the accident was provoked by an unidentified individual, you can be compensated for your personal injuries, but you cannot receive compensation for material damages 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.

If the accident was caused by an animal, whether domestic or wild, you can get compensation for your personal injury, but material damage will only be compensated if the accident was caused by a domestic animal whose owner has been identified.

You must be a French national or your primary residence must be on French territory.

 

Documents 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 accident was caused by a person who 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.