Vehicle insurance in France
In this case, compensation is paid on the basis of the insured's declaration, the completed accident statement, the expert's report and the terms of the contract.
[3] Thus, it covers cars, trucks, motorcycles, scooters, tractors, construction equipment and electric scooters, as well as self-propelled lawnmowers, caravans, trailers, forklift trucks and battery-powered children's buggies (although an isolated ruling by the 2nd Civil Chamber of the French Supreme Court on March 4, 1988, excludes a battery-powered miniature car, a ruling which has been criticized[7]).
The information statement is a document issued by the insurance company at the policyholder's request, detailing his or her bonus and claims record over the last five years.
This organization's mission is to encourage, study and implement measures aimed at reducing the frequency and severity of road accidents.
In 1972, it was reinforced by the Comité Interministériel de la Sécurité Routière (Interministerial Road Safety Committee).
Its aim was to make road users aware of the risk factors associated with driving: speed, alcohol, non-use of seat belts, fatigue, etc.
To put an end to this injustice, the law of December 31, 1951 created the Fonds de garantie automobile (FGA).
Its purpose was to pay compensation to victims of personal injury accidents caused by vehicles whose drivers were unknown, uninsured or insolvent.
[21] However, its existence was challenged by the Brussels Commission, which considered that it undermined free competition and contravened the third directive regulating non-life insurance, which came into force on July 1, 1994.
[22] On October 1, 1977, the application of the Convention d'indemnisation des accidents corporels (IDAC) came into force, with the aim of improving the time taken to compensate bodily injury claims.
[25] This posed problems when it came to establishing a fair system of compensation for bodily injury, as the driver may be totally or partially exonerated from liability in the event of an extraneous cause.
On June 25, 1990, the law made it compulsory for fire coverage in vehicle insurance contracts to also cover damage caused by various types of storms, including tropical cyclones.
In the event of an at-fault accident, for example, even if there is no "all-risks" cover, the assistance, driver's safety and defense coverage will still work.
Most insurance companies cover damage caused by a trailer weighing less than 750 kg, but only during towing, as specified in the contract's general conditions.
The insurance must provide the policyholder with counsel and a free choice of lawyer, as well as cover the costs of legal proceedings, bailiffs and expert appraisals.
Coverage for damage to vehicles caused by natural or technological disasters is compulsory for all property insurance policies, such as broken glass.
The rate is adapted to the use of the vehicle: private use or commuting to work, for simple business trips[32] or daily tours.
They enable insurance companies to avoid committing themselves to unlimited amounts in the event of an exceptionally large claim, and to better control costs.
On the other hand, some companies refuse to take on young drivers, as the frequency of claims is much higher in the first two years.
However, when an insured is responsible for a claim, he loses part of his bonus, which generally leads to an increase in future premiums.
If two people disagree about the circumstances of the accident, only one person outside the vehicles involved can act as a witness, except in the case of a pile-up.
[49] If a false declaration was made at the time of underwriting, the insured may be subject to nullity of cover,[50] although this will not be enforced against the victims.
[52] In the event of an accident between one or more vehicles, insurance companies examine the faults that may have been committed by the drivers to determine who is responsible for the loss.
In the majority of claims, driver liability is determined by the IDA Convention (Indemnisation Direct de l'Assured).
In the event of an accident in a parking lot, responsibility is not divided equally between drivers: traffic rules apply just as they do on the road.
[56] In 2009, insurance companies paid out 9.6 million claims for four-wheeled vehicles alone, representing a total of nearly 16.3 billion euros.
[57] The fight against fraud is an important issue for insurance companies, although it is difficult to put a figure on the losses incurred.
[59] Among the consequences of crime and fraud:[60] In 2019, the insured vehicle file (FVA) was created to combat uninsured driving.
By 2005, six players had sales in excess of one billion euros: AXA, Macif, Groupama-Gan, MAAF, MAIF and AGF.
[76] There are many service providers in the vehicle insurance market, including adjusters who determine the cost of repairs following an accident, and medical experts in the event of a personal injury.
