Since its promulgation in 1985, the Badinter law has been one of the most important laws in personal injury law. It helps improve the situation of victims of traffic accidents and speed up compensation procedures. We will explain in detail what the Badinter law is and how it works.
What is the Badinter law?
There Badinter law, officially called the law of July 5, 1985, was created by Robert Badinter, then minister of justice. Its aim is to improve the situation of victims of traffic accidents and to speed up compensation procedures.
In practice, the Badinter law applies to traffic accidents involving motorized land vehicles, with the exception of trains and trams. It helps speed up compensation for victims of traffic accidents., by forcing the insurer of the responsible driver to enter into a dialogue with the victim, then to compensate them.
Who are the victims according to the Badinter law?
According to the Badinter law, non-at-fault accident drivers are considered victims. This law almost automatically protects and compensates pedestrians, cyclists and passengers of an accident car.
The principle of this law
On the side of the responsible insurer, it is required to present a precise and detailed written offer to the victim within eight months after the accident, then a final offer within five months after consolidation.
In practice, the insurer in charge of compensation appoints its medical advisor to carry out the medical examination of the victim. He has the obligation to inform the victim that he can be assisted by the doctor of his choice during the medical examination. It is therefore recommended that the victim seek the assistance of a medical advisor trained in the assessment of bodily injury and who does not work for insurance companies in order to simplify the dispute.
In the event 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 the two medical advisors if both parties agree.
On the basis of this amicable report, the insurer will make a detailed compensation offer to the victim. This is when the victim must be well advised and surrounded by a lawyer and a specialized doctor in order to discuss and negotiate the various financial elements.
The Badinter law, an important landmark in the history of French law
Since its creation in 1985, the Badinter law has been considered one of the pillars of personal injury law. It constitutes major progress for the cause of the victims 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 law made it possible to put in place a clear and precise system to deal with disputes linked to traffic accidents. It has thus contributed to improving the quality of justice in France in matters of personal injury.
A major legislative step forward
The Badinter law is an essential legal tool for victims of traffic accidents in France. It makes it possible to speed up compensation procedures and guarantee effective protection to victims. If you are the victim of a traffic accident, find out about your rights and seek advice from a lawyer specializing in personal injury law.
The Badinter law marked an important turning point in the history of French law. It is a source of major progress for victims of traffic accidents and has made it possible to put in place a clear and precise system to resolve disputes in this area.
Badinter Law FAQ
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 trams.
Who is responsible for compensation in the event of a traffic accident?
In the event of a traffic accident, it is the insurer of the responsible driver who is required to compensate the victims.
What are the deadlines for presenting an offer of compensation to the victim?
The responsible insurer must present a precise and detailed written offer to the victim within eight months after the accident, then a final offer within five months after consolidation.
What happens in the event of disagreement between the insurer and the victim?
In the event of disagreement between the insurer and the victim, the Badinter law provides for the possibility of setting up an amicable medical assessment. A single report will be signed by the two medical advisors if both parties agree.
Should you be assisted by a lawyer in the event of a traffic accident?
It is strongly recommended to seek assistance from a lawyer specializing 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 responsible insurer.