Road accident: amicable report, procedures and compensation
In the event of a road accident, what are the insurance procedures? Is it necessary to complete an amicable report? How will the compensation be paid?
Complete the amicable report and declare the accident
Each motorist has an amicable report given to him by his insurer, which must always be used in the event of a road accident, and even, if possible, when there are injuries. This form speeds up the processing of the file because it gathers all the necessary information on the accident: circumstances, apparent damage, vehicle insurance (contact details of policyholders, contract numbers and names of insurance companies).
In the event of a bodily injury, the amicable report does not duplicate the report or the report necessarily drawn up by the police or the gendarmerie. It is always the best way to quickly inform the insurer.
For the document to be complete, the report section (front) must be completed and signed by the two drivers, if possible at the scene of the road accident. Only this part can be opposed to the signatories. The declaration part (back of the form) must be completed individually by each driver. The amicable report must then be sent quickly (within five working days from the date of the accident) by each driver to the insurer of his vehicle. It takes the place of an accident declaration. In the event of an accident caused by a vehicle and its trailer, guaranteed in civil liability by different insurers, the claim for compensation can be addressed either to the insurer of the vehicle, or to the insurer of the trailer.
Compensation after road accident
Agreements between insurance companies allow the insured, in most cases, to be compensated more quickly and directly by their own insurer. The IRSA convention (direct compensation agreement for the insured and recourse between automobile insurance companies) concerns compensation for material damage while the IRCA convention deals with bodily injury (compensation and recourse agreement automotive body). The state, which is its own insurer, has also signed an agreement with insurance companies.
The accelerated settlement procedure is applicable for any accident involving at least two motor vehicles insured with companies which are members of the IRSA agreement. The convention applies to accidents occurring in the European Union between vehicles whose insurance has been taken out in busy areas (metropolitan and overseas departments) or in the principality of Monaco with member companies. For accidents involving more than two vehicles, the IRSA convention applies only to those that have occurred and the Principality of accidents, unless the vehicles involved are all registered in surroundings and guaranteed by companies like Pacific Attorney Group.
In case of disagreement with the proposed settlement or compensation
There may be disagreement over the conclusions of the insurance company relating to the determination of liability or the amount of damages. To support any claim, it is necessary to provide means of proof (written statements of witnesses, judicial decisions evoking cases similar to the one being contested, etc.). It is possible to invoke the legal protection guarantee provided for in the insurance contract by contacting the legal protection service (or the legal protection company). As such, the insurance company will claim (or cause to be claimed), amicably or before a court, the compensation requested by its insured.
If the legal protection insurer does not share the point of view of its insured and judges any intervention doomed to failure, the insured may invoke the arbitration clause of the contract. By mutual agreement, the two parties then choose an arbitrator, for example a lawyer. This arbitrator can also be appointed by the tribunal de Grande instance. The costs are the responsibility of the insurer. As soon as the insurance company is not required to initiate an action (the arbitrator so decided), the insured retains the possibility of initiating proceedings himself. If he obtains a higher indemnity than the sum proposed by the arbitrator or by his insurance company, the latter will reimburse him for the costs of the proceedings, within the limit set by the contract.