LAND MOTOR VEHICLE INSURANCE
LexInter | April 16, 2016 | 0 Comments

LAND MOTOR VEHICLE INSURANCE

Title I: Insurance of motorized land vehicles and

their trailers and semi-trailers

Chapter I: The obligation to insure

Section I: Subjects.

Article L211-1

Any natural person or any legal person other than the State, whose responsibility

civil liability may be incurred due to damage suffered by third parties resulting from

to persons or property in which a vehicle is involved, must,

to circulate it, be covered by insurance guaranteeing this

responsibility, under the conditions set by decree of the Council of State. For the application

of this article, “vehicle” means any land motor vehicle, that is to say

any self-propelled vehicle intended to travel on the ground and which can be operated by a

mechanical force without being tied to a railroad track, as well as any trailer, even not

harnessed.

Insurance contracts covering the liability mentioned in the first paragraph of

this article must also cover the civil liability of any person having the

custody or driving, even unauthorized, of the vehicle, with the exception of professionals

the repair, sale and control of the automobile, as well as the liability

civil liability of the passengers of the vehicle covered by the insurance. However, in the event of theft of a

vehicle, these contracts do not cover the repair of damage suffered by the perpetrators,

co-perpetrators or accomplices in the theft.

The insurer is subrogated in the rights possessed by the creditor of the indemnity against the

person responsible for the accident when the custody or driving of the vehicle was

obtained against the owner’s wishes.

These contracts must be taken out with an insurance company approved for

to carry out insurance operations against accidents resulting from the employment of

motor vehicles.

The members of the family of the driver or the insured, as well as the pupils of a

approved educational institution for the driving of land motor vehicles, in

training or examination courses, are considered as third parties within the meaning of the first

paragraph of this article.

Article L211-2

The provisions of Article L. 211-1 are not applicable to damage caused by

railways and streetcars.

Section II: Scope of the insurance obligation.

Article L211-4

The insurance provided for in Article L. 211-1 must include a liability guarantee

civil extending to all the territories of the Member States of the Community

European Union as well as to the territories of any third State for which the national

all the member states of the European Community are individually

guarantors of the settlement of claims occurring in their territory and caused by the

circulation of vehicles having their usual station in that third State. This

guarantee, when called upon to play outside French territory, is granted by

the insurer within the limits and conditions provided for by the national legislation of the State on

territory of which the accident occurred or by that of the State where the vehicle is

usual parking when insurance coverage is more favorable.

This insurance cannot be canceled and its premium cannot be modified due to a

stay of the vehicle in a Member State of the European Community other than the

France during the term of the contract.

This insurance must also include a guarantee of civil liability in the event of

loss occurring during the journey directly linking two territories where the treaty

establishing the European Economic Community is applicable, where it does not exist,

for the territory traveled, from the national insurance office.

In this case, the insurer is only required to cover damage which may be

victims nationals of the States mentioned in the first paragraph of this article,

under the conditions provided for by national legislation on compulsory insurance in

force in the State where the vehicle which caused the accident has its usual parking.

Article L. 211-4-1

The vehicle is deemed to have its usual parking place in France:

1 ° When he bears a registration plate which corresponds to him and which has been issued by

the French authorities;

2 ° When, although subject to the obligation of registration in France, it does not have

license plate or carries a plate that does not correspond to it or does not

corresponds more and that the accident occurs on French territory;

3 ° When it is not subject to the registration obligation and the person who has

guard is domiciled in France.

Article L211-5

The Council of State decree mentioned in article L. 211-1 sets the conditions of application

of this title, and in particular the scope of the guarantee that must be included in the contract

insurance, the terms of establishment and validity of the supporting documents provided

for the exercise of control, as well as the obligations imposed on vehicle users

in international circulation with a letter of nationality other than the French letter.

Any insurance contract taken out by a person subject to the obligation established at

Article L. 211-1 is, notwithstanding any clauses to the contrary, deemed to include guarantees

at least equivalent to those set in the Council of State decree provided for in paragraph

previous.

Article L211-6

Any clause stipulating the forfeiture of the insured’s cover in accordance with

conviction for driving while intoxicated or under the influence of alcohol

or for driving after using substances or plants classified as narcotics.

Article L211-7

The provisions of this title do not affect regulatory requirements.

in force, insofar as these prescriptions concern different risks or

impose more extensive obligations.

Section VI: Compensation procedures.

Article L211-8

The provisions of this section apply, even when transported

under contract, to victims of a traffic accident in which is involved

a land motor vehicle and its trailers or semi-trailers, with the exception of

railways and trams running on their own tracks.

Article L211-9

Whatever the nature of the damage, in the event that liability is not

contested and where the damage has been fully quantified, the insurer that guarantees the

civil liability due to a land motor vehicle is required to present to the

victim a reasoned offer of compensation within three months of the request

compensation presented to him. When responsibility is dismissed or is not

clearly established, or when the damage has not been fully quantified, the insurer

must, within the same time limit, give a reasoned response to the elements referred to in the

request.

An offer of compensation must be made to the victim who suffered personal injury in the

the maximum period of eight months from the accident. In the event of the victim’s death,

the offer is made to his heirs and, if applicable, to his spouse. The offer then includes all

elements compensable for damage, including elements relating to damage to

goods when they have not been the subject of prior payment.

This offer may be provisional when the insurer has not, within three

month of the accident, was informed of the consolidation of the victim’s condition. The definitive offer

compensation must then be made within five months of the date on which

the insurer has been informed of this consolidation.

In any event, the most favorable timeframe for the victim applies.

In case of multiple vehicles, and if there are several insurers, the offer is made by

the insurer mandated by the others.

Article L211-10

On the occasion of its first correspondence with the victim, the insurer is barely obliged

relative nullity of the transaction that could take place, to inform the victim that he can

obtain from him, on request, a copy of the police investigation report or

of the gendarmerie and to remind them that they can, at their discretion, be assisted by a

lawyer and, in the event of a medical examination, a doctor.

Under the same sanction, this correspondence brings to the attention of the victim the

provisions of the third paragraph of article L. 211-9 and those of article L. 211-12.

Article L211-11

Since the insurer could not, through no fault of its own, know that the accident had

imposed disbursements on third-party payers referred to in article 29 of law n ° 85-677 of July 5

1985 and Article L. 211-25, they lose all rights to reimbursement against him and

against the author of the damage. However, the insurer cannot invoke such ignorance

with regard to organizations paying social security benefits.

In all cases, the failure to file claims from third-party payers, within a

four months from the request from the insurer, results in forfeiture of

their rights against the insurer and the author of the damage.

In the event that the request from the insurer does not mention the consolidation of

the state of the victim, the claims produced by third-party payers may be of a

provisional. The same is true when social security benefits are paid.

after opinion of the departmental commission for special education or the commission

guidance and professional reclassification technique.

Article L211-12

When, because of the victim, the third-party payers were unable to assert their rights against

the insurer, they have recourse against the victim up to the amount of compensation he has

received from the insurer for the same head of loss and within the limits set out in

article 31 of law n ° 85-677 of July 5, 1985. They must act within two years of

from the request for payment of benefits.

Article L211-13

When the offer has not been made within the time limits set out in Article L. 211-9, the amount of

the compensation offered by the insurer or allocated by the judge to the victim produces full interest

right to double the legal interest rate from the expiration of the period until the day

of the offer or of the judgment which has become final. This penalty may be reduced by the judge by

due to circumstances not attributable to the insurer.

Article L211-14

If the judge who fixes the indemnity considers that the offer proposed by the insurer was

manifestly insufficient, it automatically orders the insurer to pay into the guarantee fund

provided for in Article L. 421-1 a sum at most equal to 15% of the allowance allocated, without

prejudice to the damages owed by this fact to the victim.

Article L211-15

The insurer must submit to the guardianship judge or the family council, competent following

the cases to authorize it, any transaction project concerning a minor or a major in

guardianship. He must also give an informal notice to the guardianship judge, fifteen days

less in advance, of the payment of the first arrears of an annuity or of any sum owed

be paid as compensation to the legal representative of the protected person.

The payment which has not been preceded by the required notice or the transaction which has not been

authorized can be canceled at the request of any interested party or the public prosecutor to

with the exception of the insurer.

Any clause by which the legal representative vouches for the ratification by the minor

or the adult in guardianship of one of the acts mentioned in the first paragraph of this article

is zero.

Article L211-16

The victim may, by registered letter with acknowledgment of receipt, denounce the

transaction within fifteen days of its conclusion.

Any clause of the transaction by which the victim gives up his right of denunciation

is zero.

The above provisions must be reproduced in conspicuous characters in

the transaction offer and in the transaction under penalty of relative nullity thereof.

Article L211-17

Payment of the agreed sums must be made within one month after

the expiry of the denunciation period set in article L. 211-16. Otherwise, the

unpaid sums automatically produce interest at the legal rate increased by half

for two months, then, at the end of these two months, to double the legal rate.

Article L211-18

In the event of a conviction resulting from an enforceable court decision, even by

provision, the legal interest rate is increased by 50% at the end of a period of two

months and it is doubled at the end of a period of four months from the day of the

court decision, when it is contradictory and, in other cases, the day of the

notification of the decision.

Article L211-19

The victim may, within the time limit provided for by article 2270-1 of the civil code, request

compensation for the aggravation of the damage it suffered to the insurer who paid the compensation.

Article L211-20

When the insurer invokes an exception of legal or contractual guarantee, it is required

to meet the requirements of Articles L. 211-9 to L. 211-17 on whose behalf it

will belong; the transaction may be contested before the judge by the one for

the account of which it will have been made, without questioning the amount of sums

allocated to the victim or his dependents.

Article L211-21

For the application of Articles L. 211-9 to L. 211-17, the State as well as the communities

public, companies or organizations benefiting from an exemption under Article

  1. 211-2 are assimilated to an insurer.

Article L211-22

The provisions of Articles L. 211-9, L. 211-10 and L. 211-13 to L. 211-19 are applicable

to the guarantee fund for compulsory damage insurance instituted by article L.

421-1, in its relations with the victims or their beneficiaries; however, the deadlines

provided for in Article L. 211-9 run against the fund from the day on which it received the

elements justifying its intervention.

The application of Articles L. 211-13 and L. 211-14 does not preclude the provisions

regulations governing legal actions against the fund. When the fund

guarantee is held at the interest provided for in article L. 211-14, they are paid to the Treasury.

Article L211-23

Under the control of the public authority, a periodical publication reports on

indemnities fixed by judgments and settlements.

Article L211-24

A decree in the Council of State sets the measures necessary for the application of this

section. It determines in particular the causes of suspension or extension of time limits.

mentioned in Article L. 211-9, as well as the reciprocal information that must be

the insurer, the victim and the third party payers.

Article L211-25

The first two paragraphs of article 33 of law n ° 85-677 of July 5, 1985 are

applicable to insurers.

Where it is provided for by contract, the subrogatory recourse of the insurer who has paid to the

victim an advance on compensation due to the accident may be exercised against the insurer

of the person required to make reparation within the limit of the balance remaining after payments to

third parties referred to in article 29 of the same law of 5 July 1985. It must be exercised, if necessary,

within the time limits set by law for third-party payers to produce their claims.

Section VII: Penalties.

Article L211-26

The provisions of the Highway Code punishing the driving of a land motor vehicle

without being covered by insurance guaranteeing civil liability in accordance with

the provisions of article L. 211-1 of this code are reproduced below:

“Art. L. 324-2 – I. – The fact, including through negligence, of putting or maintaining

circulation of a land motor vehicle and its trailers or semi-trailers

without being covered by insurance guaranteeing civil liability in accordance with

to the provisions of Article L. 211-1 of the Insurance Code is punished by 3,750 euros

fine.

  1. – Anyone guilty of the offense provided for in this article also incurs

the following additional penalties:

1 ° The sentence of community service, in accordance with the terms provided for in article 131-8 of

penal code and under the conditions provided for in articles 131-22 to 131-24 of the same code;

2 ° The penalty of days-fine under the conditions set out in articles 131-5 and 131-25 of

Penal Code ;

3 ° The suspension, for a period of three years at most, of the driving license, this

suspension that cannot be limited to driving outside the activity

professional ;

4 ° The cancellation of the driving license with prohibition to request the issuance of a

new license for up to three years;

5 ° The ban on driving certain land motor vehicles, including those for

driving for which a driving license is not required, for a period of five years at

more ;

6 ° The obligation to complete, at their own expense, a road safety awareness course;

7 ° Confiscation of the vehicle which the convicted person used to commit the offense, if he

is the owner.

III. – Immobilization may be prescribed under the conditions provided for in Articles L. 325-1 to

  1. 325-3. “

Article L211-27

The fines pronounced for violation of the insurance obligation provided for in article L.

211-1, including the fines that a pardon measure would have substituted for

imprisonment, are affected by an increase of 50% perceived, during their

recovery, in favor of the Guarantee Fund established by Article L. 420-1.

If the civil court is seized of a serious dispute, relating to the existence or

validity of the insurance, the criminal court called upon to rule on the prosecution

exercised for breach of the insurance obligation postpones proceedings until it has been

judged definitively on the dispute.

The provisions of this article do not apply when the insurance of the

civil liability concerns vehicles having their usual parking on the

territory of a State referred to in Article L. 211-4 with the exception of France and Monaco.

Chapter II: The obligation to insure – The central office of

pricing.

Article L212-1

Anyone subject to compulsory insurance who, having requested the subscription of a

contract with an insurance company covering in France the risks of

civil liability resulting from the use of motorized land vehicles, is opposed

a refusal, can seize a central pricing office whose conditions of constitution and

the operating rules are set by the Council of State decree provided for in article L.

211-1.

The central pricing office has the exclusive role of setting the amount of the premium

whereby the insurance undertaking concerned is required to cover the risk which

was offered to him. He may, under the conditions set by the decree of the Council of State

above, determine the amount of a deductible which remains the responsibility of the insured.

Article L212-2

Any clause in reinsurance treaties tending to exclude certain risks from the

reinsurance guarantee due to the pricing adopted by the central office of

pricing.

Article L212-3

Any insurance company that covers the risk of civil liability resulting from

the use of motorized land vehicles which maintains its refusal to guarantee the risk of which

the premium was set by the central pricing office is considered ne

operating no longer in accordance with the regulations in force. It incurs, as the case may be,

either the withdrawal of the approvals provided for in Articles L. 321-1, L. 321-7, L. 321-8 or L. 321-9,

or the penalties provided for in Articles L. 351-7, L. 351-8 and L. 363-4.

Chapter IV: Provisions specific to departments and

overseas territories and Mayotte

Section I: Provisions specific to departments

overseas.

Article L214-1

Decrees in the Council of State set the date of entry into force, as well as the modalities

application or adaptation of Chapters I and II to the overseas departments.

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