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Traumatic brain injury, spinal cord injury, amputation, multiple trauma: a road traffic accident can change a life forever. When it happens abroad, far from home, in an unfamiliar legal system, victims and their families face additional challenges. Yet foreign victims injured in France benefit from one of the most protective compensation systems in Europe: the Badinter Law (Law No. 85-677 of July 5, 1985).
French Law Applies, Whatever Your Nationality
As a matter of rule (subject to exceptions dealt with international private law which may lead to a different analysis), an accident that occurs in France is governed by French law, regardless of where you live or the nationality of the vehicles involved. Foreign victims have the same rights as French residents when applying the Badinter law.
No-Fault Compensation
The Badinter Law applies whenever a motor vehicle is involved in the accident. You do not need to prove that the driver was at fault, and neither force majeure nor the actions of a third party can be raised against you.
Victims who were not driving (pedestrians, cyclists, passengers) are compensated for their bodily injuries, except in the (extremely) rare case of an inexcusable fault that was the sole cause of the accident. A victim who was driving may, however, see compensation reduced or excluded because of his or her own fault, which calls for a careful analysis of the circumstances of the accident.
A Strictly Regulated Procedure
The insurer must make a compensation offer within eight months of the accident, then a final offer within five months of being informed of the victim’s consolidation (the date on which the medical condition has stabilized). If it misses these deadlines, or if the offer is manifestly insufficient, it may be ordered to pay interest at twice the legal rate. If you accept a settlement, you have fifteen days to withdraw.
Permanent Disability: Substantial Stakes
French law follows the principle of full compensation: the victim must be compensated for all losses, no more and no less. France does not award punitive damages; instead, each head of loss is assessed precisely. For a severely disabled victim, compensation covers in particular temporary and permanent functional impairment, pain and suffering, attendant care (sometimes around the clock), past and future loss of earnings, home and vehicle adaptations, disfigurement, and loss of amenity. In the most serious cases, loss of the opportunity to start a family may also be compensated. Your losses are assessed according to your actual situation, including the cost of care and your income in your home country.
The assessment largely depends on the medical examination carried out by a medical expert, who can travel to your home for the assessment. Being assisted by a French lawyer who is used to dealing with this law applied to foreign victims and by an independent medical advisor is essential to ensure that all your losses and needs, which can be considerable, are fully recognized.
Dedicated Support for Serious Injury Victims
Our firm assists victims of serious accidents and their families, from preparing for the medical examination through to negotiation or trial. We communicate with you in English and can coordinate with your doctors and advisors in your home country. Before accepting any offer from the insurer, please contact us for a review of your case.