What to do if you’re injured in a road traffic accident in France.

1. Seek medical attention ASAP, record the name of medical centre and staff who see you and ask them to provide you with a medical certificate or a discharge report if you have been hospitalised;
2. Report the accident to the police and request a copy of the report;
3. Take the name, contact details and insurance details of the party who caused your accident;
4. Take photos of location and weather;
5. Retain any available evidence, such as photos of damaged items;
6. Obtain names and contact details of any witnesses;
7. Keep all receipts for medical and related expenses;
8. Check if your travel, motor or home insurance policy covers legal fees.

You will likely be asked to complete and sign a European accident statement, which is a form where each party to the accident can report how it happened, if possible by agreement but if not, you can each describe your own version of events and draw a sketch.

French motor insurers have a legal obligation to contact victims of road traffic accidents, once the accident has been reported to them by their insured or by the police. They should contact you to offer to deal with your claim. In practice, they do not necessarily have the relevant contact details or may not always have been informed of the accident.

In any event, even if they offer to deal with the road traffic accident claim, independent legal advice should be sought to ensure the claim is investigated properly and fully and that all damage and losses are taken into account and suitably compensated.

Claims should first be made out of court, by notifying the accident to the relevant insurer (if they have not been in touch already).

Medical expert evidence is usually obtained jointly by the insurer and the lawyer acting for the victim, each instructing their own medical expert to examine the victim together and prepare a joint report, on the basis of which they can then discuss the value of the claim and negotiate.

If the process does not go smoothly (e.g., the insurer fails to deal with the claim, or to instruct their expert on time, or makes unreasonable settlement offers), the victim’s lawyer will make a preliminary application to the court for the designation of an independent medical expert. This expert will invite the victim to an appointment and provide a report to the court.

It is strongly recommended that the victim attends the medical expert appointment with both legal and medical advisors, to protect their rights and make sure the case is presented in the best possible way.

Once the court-appointed expert has submitted his/her report to the court, the victim’s lawyer will formally start court proceedings against the tortfeasor and/or their insurer with a view to obtain a judgment recognising their liability and ordering them to pay damages.

The right to appeal a disappointing first instance judgment is open to each party without restrictions.

Under French law, the victim has 10 years to start a claim, from the consolidation of their injuries (which is a medicolegal concept subject to expert evidence). It is a long period of time, but it is advisable not to delay starting the claims process, otherwise it will become more difficult to obtain evidence in support of liability and of the injuries and losses.

Furthermore, if a victim has already received compensation for their injuries and damage after an accident, but his or her condition deteriorates (to an extend not anticipated in the first claim), then it may be possible to start a new claim, even decades later, as long as the claim is started within 10 years of the consolidation of the aggravation.

If you have had a road traffic accident in France, you can always start your claim in France, and sue your opponent in a French court.

In some circumstances, you may be able to bring the claim in England & Wales, such as (for instance) if your opponent is domiciled in a third country.

Determining in which country the claim can be brought is a complex question, so if you have had an accident abroad, you should seek specialist legal advice as soon as possible.

In some cases, you may have a choice of where to bring the claim: if this is the case, the decision should be strategic and the best choice made according to your own specific circumstances. Instructing a lawyer with cross-border expertise and the ability to bring the claim in either country will ensure that you get the best, unbiased advice.

• Acted for a British holidaymaker who was spending holiday in his secondary home in the French Alps and was run over his foot by a car as he was walking his dog, suffering a serious ankle injury requiring several operations, having a serious impact on his work as a sole business owner. The claim settled for £330,000.
• Secured a £95,000 settlement for a British cyclist who was training for a triathlon in France when he was hit by a car that cut across a bend in a countryside road, and sustained multiple orthopaedic injuries
• Acted for the driver of a van hit head-on by another vehicle, causing the victim serious back injuries with a long-term restriction in his ability to carry weight and the impossibility to go back to skateboarding, which was his favourite leisure activity. Negotiated a settlement just under £200,000.
• Represented a passenger in a vehicle involved in a serious collision on a motorway in France, who sustained a brain injury leaving her with permanent cognitive impairment and the need for long term care and assistance by a family member. Secured compensation in the region of £1.5m.