The Propopsal For Accident Claims Compensation for Children
The compensation offer made by the insurer of the responsible for the accident must cover all the consequences of bodily injury to the victim. And especially :
- All care costs incurred (net of benefits paid by social security agencies)
- All income and earnings that the victim would have received if he had not crashed (net of benefits paid by the employer and / or social organizations)
Permanent functional impairment (DFP): violations of physiological functions, permanent pain, loss of quality of life and the unrest in the conditions of existence of the victim. It is estimated, after consolidation, by a disability rating (bodily and mental integrity) graded on a scale from 1 to 100. The compensation is represented by the amount paid as such, or the value the point of DFP equal to the amount of compensation divided by the disability rating;
- suffering physical, mental pain and related disorders suffered by the victim of the day of the accident to the consolidation. They are graded on a scale of 1/7 (very slight pain and suffering) to 7/7 (suffering endured very important);
- disfigurement Permanent: all the physical misfortunes, major scars or deformities caused by the accident and persistent after consolidation. They are graded on a scale of 1/7 (very slight disfigurement) to 7/7 (very important disfigurement);
- loss of amenity: inability to practice a sport or leisure activity that was regularly practiced before the accident. It appreciates in concrete and takes into account all parameters of the victim: age, sex, regular practice of previous sports activity.
Are added in case of death of the victim reimbursement of funeral expenses and compensation of moral and material harm suffered by the family.
The File of compensation awarded to victims of road accidents can inform the public of the compensation awarded to victims of road accidents in the context of decisions taken either by settlement agreement or by the courts.
The compensation procedure
In principle, the accident victim receives from the insurer of the responsible an information pack and a medical questionnaire, he must complete and return to u within six weeks with the supporting documents (Case work, medical certificate, etc.). He then summoned for examination by a doctor appointed by the insurer. The findings of the medical report submitted to it within 20 days following the date of the examination.
But the victim may also directly file a claim to the insurer, naturally accompanied by all supporting documents. The insurer may then:
- either make an offer of compensation within three months of receipt of the request, which may optionally be revised if the condition of the victim is not stabilized,
- either postpone the offer of compensation if:
- responsibility for the accident is not yet clear
- or if the health condition of the victim has not yet stabilized.
In case of late claim for compensation on the part of the victim or his dependents if the insurer concerned or request additional time for the above reasons, it is still required to make an offer of compensation within eight months after the date of the accident.
If the victim accepts the offer of the insurer, he must pay the compensation prescribed within 45 days of acceptance of the offer. The payment can take the form of capital or a life annuity
The victim has a fifteen-day withdrawal period after acceptance of the offer.
In case of disagreement, the dispute will be settled by the courts will have to determine the amount of compensation.