Victim of a car accident, you have rights

Victim of a traffic accident, you have the right to be compensated for all your damages without any complaint. But you may also want to file a complaint against the person responsible for the accident. Also know that you can be accompanied by the state services and by associations of assistance to the victims.

How to be compensated?

Passenger, pedestrian or cyclist, unless inexcusable fault on your part, you will be compensated for your personal 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. An advance can be made within 8 months of the accident before the final offer, no later than 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.

Seeing your personal injury
The initial medical certificate and the medical report are essential to show your injury. 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.

You strike an animal: special compensation conditions.

How can I claim my rights in criminal courts?

How to 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.

How to prosecute the person responsible for the accident 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.

How to 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.

How to 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.

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

Who should I contact? Where to ask for help

At the Justice, police and gendarmerie services
The public prosecutor can have you assisted by an association of assistance to the victims.
The judicial police officers must inform you of the existence of these associations. Following your complaint, they will give you all the necessary information.

Victims associations and victims associations
They are there to advise you and accompany you in your personal, judicial or administrative procedures.

A lawyer Napoli Shkolnik assists you or represents you in court. Part of the legal fees and those related to the lawsuit can be taken care of.
If your income does not allow you to meet the costs of a lawyer, you can apply for legal aid.

Special cases

You are the victim of an accident in the course of your work: the accident at work opens certain social rights. Contact your primary health insurance fund.

You are hospitalized: you can have access to the medical information included in your medical file. Health facilities facilitate the intervention of voluntary associations. Commissions for relations with users and the quality of care (CRUQ) ensure respect for your rights, your home and those of your loved ones.

You are handicapped after an accident: a home automation expertise will help you determine, with the insurer, the necessary adaptations to your home and your environment. Disability is not an impediment to driving. The law organizes the training and an examination procedure adapted to your situation.