Two-wheeled vehicle insurance: personal injury compensation

Like any other vehicle that can travel on public roads, the motorcycle must be insured. Any good biker knows that the mandatory minimum in terms of motorcycle insurance is civil liability guarantee the purpose of which is to compensate for personal injury (and property damage) suffered by third parties in the event of an accident or natural disaster. In addition, to understand how compensation actually works, we advise you to read this manual carefully.

What is Personal Injury? How are bodily injuries compensated in the event of a motorcycle accident? How do I get compensation? What to do after receiving an offer for damages? 

Find out everything there is to know about Personal Injury Compensation for Two Wheels Insurance.

Scope of the civil liability guarantee

First of all, it is important to remember that insurance or the civil liability guarantee does not cover personal injury (and property damage) incurred by the drivermotorcycle during an accident, but only through the fault of third parties. Therefore, the following persons are considered third parties: pedestrians, motorcycle passengers and any other person traveling on public roads.

For a pilot to be covered, he must pre-subscribe insurance to help him (like his car). However, in any case, the amount of compensation will depend on the responsibility of each party in this situation. In other words, the amount of damages will vary depending on whether the driver or a third party is recognized or not, and this, in whole or in part, for the accident that occurred. In most cases, the responsibility always rests with the motorcyclist, unless the victims are suicidal or have made an unforgivable mistake.

Personal injury eligible for compensation

A-priory bodily harm means an attack on the physical or mental integrity of a person... It is quite obvious that the insurer will not indemnify for all bodily injuries. Before making such a decision, he will conduct several investigations. For example, he will ask for documents or photographs as evidence. If necessary, he can also interview the victim or his relatives.

In short, he will try to take all necessary steps to ensure that the victim (s) is acting in good faith. For this reason, compensation is always paid to reimburse the costs incurred by the latter, and not vice versa. V bodily injury that can be compensated are:

• Serious injuries that are the source of severe pain;
• Injuries causing physical harm (face, skin, etc.);
• Damage to the genitals;
• Temporary or permanent mental and physical disability and inability to work or engage in certain activities such as sports, gym, travel, etc.

All health care costs (doctor's fees, hospitalization, etc.), Overhead costs (travel, accommodation, rent, etc.) Opportunity costs and loss of earnings associated with these situations can be compensated. As for death, compensation as compensation for economic (funeral expenses) or moral damage you can always hope, but the safest way is to go to court and ask the perpetrators to pay damages.

* Reference texts can be found in the Insurance Code, Articles L211-8 to L211-25 / Articles R211-29 to R211-44 and in Law No. 85-677 of July 1985.

Procedure for applying for compensation for bodily injury

The process to be followed to receive compensation from the insurer Injury repair is divided into two stages:

• La first statement: the insurer must be informed about the accident within five days from the moment of its occurrence. If necessary, this can be done by phone, but a confirmation package must be provided a little later. The latter must include a document relating to the accident report, the name of the insured and his insurance contract number, the date, place and circumstances of the accident, the name and contact details of witnesses.
• La insurer request: after receiving a declaration from the insured, the insurer reserves the right to request additional documents from him confirming all damage caused to him. These include, but are not limited to, a police or gendarmerie report, a detailed accident questionnaire that the insured must return to him, information about the insured's professional activities, contact details of the persons or associations that must take part in the compensation (employer, social network). organizations, another insurer, when it comes to the liability of one of the interested third parties, etc.), medical or hospital certificate, certificate of incapacity for work, physical or mental disability, etc. In case of doubt, the insurer may even request a medical examination. This can be a review of the provided medical documents or a second medical opinion with a doctor of his choice. In any situation, all of these documents must be delivered to him within six weeks of his request.

The compensation itself

As a rule, the insurer must send the insured offer of compensation within 3 months from the date of the first application what did this one do to him. If the damage has not been properly quantified or if the liability of each party has not been clearly defined, this period can be up to 8 months or even longer. However, if the insurer's case is completed and meets the standards, but the insurer is still late, the compensation paid increases.

The amount of compensation offered or the offer of compensation varies depending on the victim's liability. it is, therefore, about the insured and the contribution of other persons or organizations who must participate in the compensation. If the victim is still alive, the offer is addressed to him. Otherwise, her legal beneficiaries are: her heirs, her partner or her legal representative if she is a minor or an adult under protection.

The offer of compensation is final if the victim's state of health has not changed. If not, it is temporary. Another proposal must be made by the insurer no later than five months after the confirmation of the merger. Then the insured has enough time to think if he wants to accept it.

• If he accepts this, he must inform the insurer of the receipt of payment within forty-five days. In the event of a delay, the compensation is increased. After accepting the offer, the insured can always refuse it, but he must inform his insurer about this no later than fifteen days after acceptance. If the victim's condition worsens after receiving compensation, she has a ten-year period to file a new claim with the insurer.
• If he refuses or, if he wishes to discuss this for various reasons, he can either ask his insurer to make him a better offer, or take the matter to court. If he chooses the second option, he will be able to receive full payment only at the end of the test, although this should be in his favor.