In France, claiming compensation to recover medical expenses and costs of damages as a result of a car collision is largely based on the theory of negligence. However, since French laws require all motor vehicles to have at least third party liability insurance coverage, the insurance provider assumes responsibility in the payment of such claims.
That is why in France, any dispute over claims for personal injury cost-recovery involves the car insurance provider as the party responsible for all personal injury claims.
When the amount of damages being recovered by the aggrieved party becomes an issue, the matter may be brought to the local Tribunal d’Instance. If an appeal is made, further legal actions are filed with the regional Tribunal de Grande Instance (TGI). These judicial courts handle the civil lawsuits filed by private individuals in relation to assertion of civil rights.
However, the French judicial system works differently in hearing civil litigation over personal injury claims. No oral testimonies are required in determining the negligence on the part of the driver, as police investigations have already established the party at fault in a car collision. In personal injury lawsuits, only the amount of compensation is resolved in court. If a car crash resulted in death, litigation of the driver at fault will take place in another judicial branch in charge of handling criminal cases.
How French Magistrates Decide on Personal Injury Lawsuits
In settling the settlement dispute, the Magistrate assigns a medical expert who is neutral to both parties, to evaluate the nature of the bodily injuries suffered by the plaintiff from the car crash. On claims of compensation to recover cost of damages, other experts are designated to assess the economic issues related to the damaged property.
The court-appointed experts will then submit reports to the Magistrate, while both parties may also submit their comments and observations to point out possible discrepancies. Based on the Magistrate’s own assessment of the expert-reports and of the observations of both parties, awarding the amount being claimed by the plaintiff will be decided. Not unless the Magistrate finds it necessary to assign another set of neutral experts before making a decision.
Generally, insurance companies negotiate for a settlement before the case is actually brought to court as a way to avoid hefty litigation costs. Yet some insurance companies may regard threats of litigation as mere intimidation that will not follow through, especially if the claimant does not have the economic means to do so.
Still, in such cases, a personal injury claimant can obtain financial support from any of the best companies for lawsuit funding doing business in France. After all, lawsuit loans do not require putting up a collateral or require payment of front-end fees. No monthly amortizations are collected either.
Full settlement of the loan plus interests will be taken from the proceeds of the settlement once the Magistrate awards the amount. If by some stroke of misfortune the Magistrate decides otherwise, the lawsuit lending company will not collect payment from the plaintiff.