Compensation
“Amount of money intended to compensate someone for harm suffered. (In the context of civil liability, compensation is called damages.)”
What you need to know... You must never forget that Insurance Companies, even yours, are not your allies. Unlike victims' associations, insurance companies are for-profit companies whose notion of profitability and profit remains a priority.
Don't forget that it is the Insurance Company that will have to compensate you, which will appoint its expert doctor to assess your various damages during the medical assessment. Likewise, it is the Insurance Company that will make you a financial offer based on the various damages determined during this medical expertise.
Alone, it will be impossible for you to determine if your I.P.P. or D.F.P., Pretium Doloris, Aesthetic Damage... has been calculated at its fair value because you will have no point of reference.
The statistics are worrying! ! ! More than 70% of assessments are carried out unilaterally.
Between compensation carried out directly between the victim and the insurer, and a transaction, in which the victim is assisted by an Association, a medical advisor, an insured expert and/or a lawyer, the latter will allow you to receive fairer compensation for your damage.
The Insurance Company will treat your file as a simple claim file in the same way as water damage, theft or fire.
Do not hesitate to contact the Association “Together on the Road to Hope” in order to provide you with all the information you need to know about your situation in terms of compensation.
- retrieve your medical file from the hospital and/or specialists consulted.
- keep all invoices and expenses to be reimbursed.
- have you assisted during the assessment (the costs of the referral doctor will be covered by the responsible insurer,
- prepare a letter of grievances (personal and professional harm)
- when your file is settled, keep a copy of the complete file in case of deterioration.
We take out numerous insurance policies which can partially or entirely cover the bodily injury you have suffered.
Attached is the list of insurance that can help you:
- The driver guarantee’,
- legal protection or defense recourse insurance,
- Pension insurance(if you are an employee),
- Life accident guarantee,
- Supplementary health insurance (mutual),
- The school guarantee,
- Guarantees linked to the credit card,
- Assistance insurance,
- Real estate credit insurance,
- Borrower guarantees,
- Life insurance,
Law of July 5, 1985, also known as the BADINTER Law, provides for a right of compensation for all damage caused by a traffic accident (even without a collision). It is nevertheless necessary for this law to apply that 3 elements are brought together concomitantly:
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a traffic accident,
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a motorized land vehicle,
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and the involvement of this vehicle.
This compensation procedure is excluded in the case of railway accidents and tramways traveling on their own tracks. on the other hand, case law on the subject takes into account mopeds, agricultural tractors, harvesters, construction machinery... and it does not matter whether at the time of the accident the engine is working or not.
In the event that a land motor vehicle was not insured at the time of the accident, a Guarantee Fund may intervene to compensate the victim, in the alternative, with subrogatory recourse against the owner of the vehicle.
The protected victims are: pedestrians, cyclists and passengers, but can also be a rider or a skier.
The law of July 5, 1985 is only applicable to traffic accidents, excluding willful offenses(case of a vehicle intentionally hit by another vehicle).
Thus any traffic event must allow the application of the law to compensate victims: once again jurisprudence has a broad vision of the traffic event which is applied for example to the accident caused in a field by a rotary cutter which, coupled to a tractor, threw a stone into the victim's eye or the accident caused on a construction site by a mechanical excavator with tracks.
The victim of a traffic accident also constitutes a work accidentcan obtain compensation for their entire damage in application of the law of July 5, 1985, if it is not fully repaired by social security benefits.
The BADINTER Law has the merit of requiring Insurance Companies to contact victims, inform them of their rights and make them offers of compensation after an assessment of their losses.
Insurance Companies must also respect deadlines defined by law and formality.