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The conditions for indemnisation

Article Personal Injury

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You are a victim of a life accident and you wish to obtain compensation for the damage suffered? First, it is necessary to define an accident of life (1) and, secondly, to see the conditions required for compensation (2).

  • Definition of an accident of life 

In our daily life, we are often victims of domestic accidents that can have serious consequences on our health. This is what is most often referred to as an accident in the home.

What is an accident in the private life?

A life accident is a sudden event that occurs in the context of your private life. It becomes private or domestic as soon as the incident that affected your physical integrity occurred inside or outside your home. 

The physical integrity is related to your physical well-being whether it is internal or external.

Thus, we can conclude that your physical integrity has been violated as soon as you suffer a bodily injury.

For example, there may be situations where, due to a lack of vigilance, you fall down the stairs and end up with a broken limb. It can also be a burn; an injury following a DIY or in other cases, you are the victim of intoxication, choking etc. This type of accident can also take place outside your home. It is the case of a fall while playing sports, on a sidewalk or when your child is injured at school, at the nursery etc. 

Because it doesn’t only happen to others, today it’s your friend, brother, relative, acquaintance who is the victim of a life accident, but tomorrow … what if it’s you? What to do? It is therefore necessary to know what steps to take when you are the victim of a private accident and you wish to obtain compensation.

The question then arises : What to do when I am a victim of a private accident and I wish to obtain a compensation? The answer may seem simple if you have taken out a life insurance policy. In this case, the victim is compensated by his insurer.

However, when you are a victim of a private accident and you have not subscribed to any guarantee with an insurer, the situation is different. Even though the requirements for receiving compensation are different, the victim is still left out in the cold because, as a victim of a private accident, you can still receive compensation if certain conditions are met.

  • The compensation procedure

In order to initiate the compensation procedure, you must first identify the perpetrator responsible for the damage, before seeing the conditions and the calculation of the compensation.

  • Identification of the author of the act

In fact, it is important to distinguish three situations. First, the situation where, as a victim, beneficiary of a life insurance policy, you are responsible for the accident that caused you bodily injury. Secondly, the situation where you have not taken out any insurance and you are responsible for your own injury.  Finally, the situation where the third party who is responsible for your injury has insurance and is identifiable / not identifiable.

When you are a victim – beneficiary of a life insurance guarantee and the accident is caused by you, you can in this case be compensated by the life insurance guarantee. To do so, you must contact your insurer to trigger the life insurance guarantee. You will then benefit from compensation within the limits of the guarantees provided by your contract.

In the case where the third party beneficiary of the insurance is responsible for the accident that caused you bodily injury, you can claim compensation from his insurer on the basis of civil liability.

In the last case, when you are responsible for your injury and you do not have insurance, or when a third party is responsible for your injury and is not identified, can you claim compensation? The answer is yes.

The victim of a life accident caused by a third party who is not identifiable or who does not have life insurance can request compensation from the Commission d’indemnisation des victimes d’infractions (Civi). The latter will forward your claim to the Fonds de garantie des victimes. The latter will compensate you in the name of national solidarity.

  • Conditions for the compensation of a victim of physical injury

In order to receive such compensation, you must first undergo a medical examination. Then, the expert doctor of the personal injury, will be able to establish the prejudices undergone. This determination is made through an evaluation of the prejudices

Indeed, the doctor refers to the Dintilhac nomenclature to evaluate the prejudice according to the rate of permanent and partial incapacity or functional impairment of the human body (AIPP) or (DFP). As a victim, you can only be compensated if you meet these two criteria. 

  • Calculation of the amount of compensation

The personal injury expert categorizes the damages by item according to the Dintilhac nomenclature. Then, he evaluates each item of damage. Finally, he or she calculates all the damages suffered by the victim in order to put a figure on them. The amount of compensation after an accident varies from one victim to another.

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