The law of July 5, 1985, known as the BADINTER law, is codified in Articles L211-8 et seq. Of the Insurance Code and provides in particular for compensation for bodily injury to victims of traffic accidents.
Cette loi s’applique dès lors qu’au moins un véhicule terrestre à moteur est impliqué dans un accident de la route, que la victime ait été accidentée en qualité de conducteur, passager, piéton, à deux roues (moto - motard, scooter), en voiture, à trottinette, en qualité de cycliste (vélo) …
This law applies as soon as at least one land motor vehicle is involved in a road accident, whether the victim has been involved in an accident as a driver, passenger, pedestrian, on two wheels (motorcycle - biker, scooter), by car, on a scooter, as a cyclist (bicycle)...
In case of a traffic accident, the Accident Compensation Lawyer intervenes in particular to analyze the responsibilities (and therefore the right to compensation)
This may in particular be done in the light, where applicable, of the accident report (or police/gendarmerie), the accident triplicate established by the Police or the Gendarmerie, testimonies, photos of the accident, the expert report of the accident vehicle, the criminal proceedings...
When the accident suffered by the victim has its origin in a criminal offense (as is very often the case in practice), the lodging of a criminal complaint by the victim can be very useful.
In some cases, the investigation report and the criminal proceedings may be obtained more quickly through the insurer via TRANS PV, which your compensation lawyer will be sure to request from the insurance.
Your accident lawyer will also request the full intervention report from the Fire Brigade (or SDIS: Departmental Fire and Rescue Service).
Sometimes this document can be of great help in demonstrating the accountability of the after-effects of the accident. Where appropriate, this document will also demonstrate the violence of the accident.
Your accident compensation lawyer will seek the insurer of the person responsible and failing that, the competent guarantee fund (FGAO: guarantee fund for compulsory insurance: application of the principle of subsidiarity of the FGAO).