Victims’ rights

Anyone who suffers a traffic accident has the right to be compensated for all their damage without any complaint. But she may also want to file a complaint against the person responsible for the accident. In both cases, it may be accompanied by State services and victim support associations or an expert attorney such as Napoli Shkolnik.

Compensation

Whether you are a passenger, pedestrian or cyclist, unless inexcusable fault, you will be compensated for your injury. Driver, a fault on your part could limit your compensation.

The use of insurance

The insurer will contact you. Depending on the severity of the accident, it may require a medical examination. The doctor’s report must be notified to you. The insurer can give you an advance within 8 months of the accident before the final offer. This one comes at the latest five months after the consolidation of your state.

You are free to accept or refuse the insurer’s offer of compensation by filing your claim in the civil courts.

Have your personal injury

The initial medical certificate and the reports of medical expertise are essential to show your prejudice. You can be assisted by the doctor of your choice. Ask to receive the doctor’s findings.

Special cases

  • The person responsible for the accident is unknown or uninsured: the Guarantee Fund for Compulsory Insurance of Damages compensates you.
  • You are abroad: the international insurance card or green card facilitates the settlement of claims.

The repair

File a complaint

You must file a complaint by letter to the public prosecutor or any police or gendarmerie service, but preferably in the service in charge of the accident procedure. Include in your complaint all the evidence: medical certificates, expert reports, invoices, etc.

Prosecute the Accident Officer in the Criminal Court

Prosecutions are carried out on the initiative of the public prosecutor. If your complaint is dropped, you can sue yourself. To challenge a dismissal, you must write to the Attorney General at the Court of Appeal.

Obtain a copy of the accident procedure

You must contact the public prosecutor at the place of the accident or the insurer who must send it to you on simple request from you.

Obtain damages

At any time during the proceedings you may decide to become a civil party.
In some cases, a deposit may be required. Its amount is fixed by the court. Be sure to blame your social security fund.

Appeal judgment

You can appeal the judgment, under certain conditions, to the registry of the court that rendered the decision.