Since its promulgation in 1985, the Badinter law has been one of the most important laws in the field of personal injury law. It allows to improve the situation of victims of traffic accidents and to accelerate the compensation procedures. We will explain in detail what the Badinter law is and how it works.
What is the Badinter law?
The Badinter lawThe law of July 5, 1985, officially called the law of July 5, 1985, was created by Robert Badinter, then Minister of Justice. Its objective is to improve the situation of victims of traffic accidents and to accelerate the compensation procedures.
In practice, the Badinter Law applies to traffic accidents involving motorized land vehicles, with the exception of trains and streetcars. It speeds up the compensation of victims of traffic accidentsThis is achieved by requiring the insurer of the at-fault driver to engage in a dialogue with the victim and then to compensate him or her.
Who are the victims according to the Badinter law?
According to the Badinter law, drivers of not-at-fault accidents are considered victims. This law almost automatically protects and compensates pedestrians, cyclists and passengers of an accidental car.
The principle of this law
The insurer responsible for the accident is required to submit a precise and detailed written offer to the victim within eight months of the accident, and a final offer within five months of consolidation.
In practice, the insurer in charge of the compensation assigns its medical advisor to carry out the medical examination of the victim. The insurer is obliged to inform the victim that he/she can be assisted by the doctor of his/her choice during the medical examination. It is therefore recommended that the victim be assisted by a medical advisor trained in the evaluation of personal injury and who does not work for insurance companies to simplify the litigation.
In case of disagreement between the insurer and the victim, the Badinter law provides for the possibility of setting up a medical expertise amicable. A single report will be signed by both medical officers if both parties agree.
On the basis of this amicable report, the insurer will make a detailed offer of compensation to the victim. It is at this point that the victim must be well advised and surrounded by a lawyer and a specialized doctor in order to discuss and negotiate the different financial elements.
The Badinter Law, an important landmark in the history of French law
Since its creation in 1985, the Badinter law is considered as one of the pillars of the law of personal injury. It constitutes a major progress for the victims' cause and their fair compensation. Thanks to this law, victims of traffic accidents are better protected and compensated more quickly and efficiently.
In addition, the Badinter Act has made it possible to set up a clear and precise system for dealing with disputes related to traffic accidents. It has thus contributed to improving the quality of justice in France in matters of personal injury.
A major legislative advance
The Badinter Law is an essential legal tool for victims of traffic accidents in France. It speeds up compensation procedures and guarantees effective protection for victims. If you are a victim of a traffic accident, find out about your rights and get advice from a lawyer specialized in personal injury law.
The Badinter Law marked an important turning point in the history of French law. It is a major source of progress for victims of traffic accidents and has made it possible to set up a clear and precise mechanism for settling disputes in this area.
FAQ on the Badinter Law
Does the Badinter Law apply to all types of traffic accidents?
No, the Badinter law only applies to traffic accidents involving motorized land vehicles, with the exception of trains and streetcars.
Who is responsible for compensation in the event of a traffic accident?
In the event of a traffic accident, the insurer of the driver at fault is responsible for compensating the victims.
What are the deadlines for making an offer of compensation to the victim?
The at-fault insurer must make a specific and detailed written offer to the victim within eight months of the accident and a final offer within five months of consolidation.
What happens if the insurer and the victim disagree?
In case of disagreement between the insurer and the victim, the Badinter law provides for the possibility of setting up an amicable medical expertise. A single report will be signed by both medical advisors if both parties agree.
Is it necessary to have a lawyer in case of a traffic accident?
It is strongly recommended that you be assisted by a lawyer who specializes in personal injury law in the event of a traffic accident. The lawyer will be able to advise you and help you defend your rights before the insurer responsible.