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GAZETTE
APRIL 1985
You Can Say 'Accident' in French:
Road Accidents in France and
How to Cope Legally
by
Alain Comec*
*(This article was first published in the Gazette of the Law Society of England and Wales on 28 November. 1984, and is
reprinted here with kind permission of the publisher.)
H
OLIDAYS begun in high spirits can come to an
abrupt and painful halt if an accident happens. A
problem at home can be a nightmare abroad: the
language barrier, banking problems, etc., all combine to
make things worse.
The vast majority of cases involve no or minor physical
injuries and are usually dealt with through insurance
companies. Some victims will not even go to their
solicitor, thinking he will be unable to help, and rather
than risk two sets of lawyers, they will accept any settle-
ment from the insurers. Some will do nothing at all, since
they are too frightened to make a move. A few will,
however, ask their solicitor's advice. This article aims to
help the solicitor cope with a claim by a client who has
been involved in a traffic accident in France.
But how will the solicitor manage? Can he say
'accident' (an other related phrases) in legal French? This
article sets out to provide a simple guide through the
French legal idiosyncrasies, from a practical angle,
aiming to answer the five major questions:
How do I find evidence of what happened?
How can I establish liability and obtain compensa-
tion under French law?
How much will I obtain?
How do I get it?
What will it cost me?
Evidence
First, precise knowledge of the facts is vital. 'Facts' here
mean what can be proved in court. There are three major
sources of fact-finding after a road accident in France:
(a)
Report by Parties:
'Constat Amiable'
This consists of a set of self-copying printed forms,
handed out by insurance companies, filled in and
signed on one side in duplicate by both parties. Each
party keeps one sheet, then completes it on the
reverse side before sending it to his or her insurance
company.
Although it should not in principle be used in cases
of physical injury, it is often the only easily available
evidence. It is therefore very important to have a
completed
constat.
It will be very useful evidence in
court.
English motorists should make sure they have
such forms before going on holidays (obtainable in
bilingual version from motoring associations).
(b)
Police Report
In practice, the police (in town) or
gendarmerie
(in
the country), will only come to the place of an
accident in cases of physical injury. In that event,
they make a report, on a set form, giving particulars
of vehicles, parties, witnesses and draw a plan of the
place, vehicles, etc.
If they feel that the matter might lead to prosecu-
tion, they may start an inquiry, and hear parties and
witnesses, in
'procés-verbaT
taking the parties'
statements. Although not taken under oath, such
statements are very difficult to alter afterwards.
These documents are never given to the parties,
who only receive from the police a slip of paper with
some details for reference. Reports are then sent to
the public prosecutors' office of the local tribunal
(Procureur de la République)
for keeping and
eventual prosecution. Enquiries must be so
directed.
French insurers have set up a company which
receives a copy of every road accident report. Its
services are not normally available to the public,
although English insurers can use it. The report can
usually be obtained in a matter of weeks.
There is no access to the file whilst the police
inquiry is taking place, which can take months. It is
only when the inquiry is over and a decision to
prosecute or leave the case has been taken that the
file can be copied. These documents must be
requested through an
avocat
and it will involve a
copy fee to the clerk of the court.
(c)
Witnesses
In most cases, the judge will not actually hear the
witnesses, but use affidavits, made in writing
according to English or French rules. The actual
cross-examination of witnesses is exceptional
except in criminal cases when the victim is disabled
for more than three months.
In most cases French courts will accept a letter in
handwriting by the witness; he (or she) must state
what he (or she) has seen, relationship or common
interests (if any) to the parties, stating that he knows
the letter will be used in evidence, and supported by
a photostat of a signed official identification
document (such as a passport), except in criminal
cases where witnesses must attend.
In France an affidavit by one party cannot be
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