You probably think that if you were the victim of a road accident, particularly a serious one resulting in death, a criminal lawyer would be best able to defend your interests and have your rights recognized. Well no!
In terms of traffic accidents, this fault will consist in particular of driving with the consumption of alcohol, drugs, a breach of an obligation of prudence and safety, etc. The latter is very common in road accidents. A breach of an obligation of prudence and safety is, for example:
- Drive at high speed on the motorway in very rainy and windy weather;
- Driving while having consumed level 2 medications in the morning;
- Send WhatsApp type written messages while driving on the highway;
- Driving with a frosty windshield and hitting the cyclist.
Offenses relating to bodily injury resulting from traffic accidents are limited and the expertise of a criminal lawyer known for his defense of defendants is neither necessary nor legitimate. Knowledge of the rules of criminal law and criminal procedure is necessary but not sufficient in this area. Thus, the objective is not to demonstrate a fault of the opposing driver and the starting point is the involvement of the vehicles.
A lot of questions will arise like
The victim driver
Does the driver of a car or truck have the right to be compensated when he suffers after-effects after an accident? …
The victim passenger
Does the victim passenger have a right to 100% compensation? …
You may have signed a contract with a Driver's Personal Guarantee. This is a guarantee which covers your bodily injury even if you are found responsible for an accident, wherever you have “planted” yourself.
The fault of the victim driver
We can only recommend that you contact the firm because we have significant resources to obtain some compensation even if you thought you would not obtain any. In this matter, expertise cannot be improvised and do not let yourself be influenced by false good advice from your insurer or the opposing insurer, or even from victims' associations or non-specialist lawyers...
Be wary of overly rapid proposals from your insurance, of experts (in reality simply an insurance consultant) appointed by your own insurance, of good advice from the insurance agent who will in reality only seek one objective. , the preservation of one's own interests to the detriment of yours...
Don’t be a victim a second time and entrust the defense of your interests to a true professional in bodily injury compensation: your personal injury lawyer.
→ What bodily injuries can be taken into account for compensation for victims, non-at-fault drivers and passengers in a car, truck or other accident?
→ Compensation for the NON-FAULT driver or compensation for passengers
The compensation procedure begins with an accident report to the insurance company. It is essential to be precise and exhaustive when making this declaration, as it will serve as the basis for assessing the damage.
A medical assessment is then carried out to assess the bodily damage. The insurer then makes an offer of compensation, which the victim can accept or refuse. In the event of disagreement, the victim can initiate legal proceedings to assert their rights. Sometimes, when the after-effects are very slight, the insurance can
offer an opinion based on documents (simple examination of medical
documents by a company doctor, without seeing the victim: initial
medical certificate, sick leave certificates, treatment orders …) by a
doctor commissioned by the insurer. This practice only concerns very
minor bodily injuries.
The medical expertise is carried out by an
expert doctor qualified in bodily injury repair (his real
qualification: company doctor) – We can only advise you to go to this
expertise accompanied by a victims' medical advisor. who will be
designated by his lawyer.
Although no official reference framework is available, most professionals in the ideation of bodily injury compensation use more or less efficient tools when they are used in addition to other tools.
The expert appointed by the insurance company offers an appointment at least fifteen days before the examination. The victim can ask to postpone this appointment, especially if they intend to be assisted by a doctor of their choice. The company doctor commissioned by the insurer will have a period of twenty days after the examination to send his expert report to the victim and to the victim's medical advisor who assisted him (contradictory expert report) .
The compensation offer in the event of a car, truck or other accident
The insurer will send the victim of a car accident or truck accident a compensation offer. This offer must cover all elements of bodily injury (attack on the physical integrity and psychological integrity) of the victim of the car accident, as well as material damage incidental to bodily or fatal injuries (clothing, prostheses, etc.).
This compensation offer may take into consideration the fault of the victim driver, and must take into account the sums paid or to be paid by third party payers (social organizations, employers, complementary health insurers, “driver insurance” type insurers, health insurance funds). retirement…).
The victim can negotiate, accept or refuse the final insurance offer. In any case, the victim can always denounce the signed transaction.
At any time, it is possible for the accident victim and their personal injury lawyer to contact a judge in order to have an expert appointed if the expertise is discussed, or to liquidate the damages if the expert report listing the damages was not discussed.
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