Compensation for victims of road accidents (cars, motorbikes) is governed by the law of 05 July 1985, known as the “BADINTER Act”, which requires insurers and the Motor Vehicle Guarantee Fund to pay promptly and in full. Whether you have been the victim of a traffic accident or lost a loved one in a road accident, Paul Napoli will accompany you and defend you in order to assert your rights in order not to be a second victim.
The driver of the vehicle may be compensated, unless he has committed a fault, which may be totally or partially exonerating.
Victims other than the driver, ie pedestrians, cyclists, passengers being transported, are systematically compensated for their injuries without being able to challenge their own fault unless it is described as inexcusable.
Indirect victims (spouses, children) can also be compensated for their harm.
The BADINTER law requires the insurer to submit to the victim an offer of compensation on the basis of a medical opinion. It is then necessary for the victim to be assisted by a lawyer and / or medical adviser. Most of the time, both are essential, each of which must remain within its jurisdiction.
Following the submission of the medical report:
- either the state of the victim is consolidated, ie stabilized,
- either the victim is not consolidated, that is to say that his / her state can still solicit compensation for the harm of the victim to evolve and Paul Napoli obtains a provision to deal with the victim’s urgent economic problems. an advance on the final indemnity), either amicably or by way of summary proceedings
The insurance company will forward an offer of compensation to the victim on the basis of the expert report. This offer is always much less than what the victim can get with the assistance of a lawyer.
Experience shows that a victim properly assisted by a lawyer specializing in road accidents is better compensated.