Uninsured drivers: what recourse for victims?

Gaëtan, in his thirties, is working on restoration. On July 15, 2018, the day of the football World Cup final, he is chatting on a sidewalk in Paris with friends when he is hit by a scooter driver whose driver will never be identified. When he tries to get up, his legs no longer carry him. He suffered a broken tibia and was taken by firefighters to Bichat Hospital in Paris (18th century), where he underwent surgery. He will spend three months in a wheelchair and will have to undergo a long cycle of rehabilitation. “I had to relearn the simple things in life: walk and bend my knee,” he says.

Gaëtan was unable to return to business for five months. “I do a job where we stay up for eight to twelve hours.” I would have pain all my life because of this driver, ”says the young man. Gaëtan has received financial support from the Compulsory Insurance Guarantee Fund (FGAO), which is the only recourse for victims of fleeing or uninsured perpetrators.

Enter the Insurance Guarantee Fund

This private body of public interest, financed by guarantees, is the only possible solution to be compensated in this case. It allows the victim to receive the money in case of physical damage and, in some cases, when the damage is only material. Et and the author is identified, le FGAO turns against him.

The FGAO can be filed by the victims, a lawyer or an insurer by filling out a form. “There are still conditions to be met for the case to be accepted,” said a lawyer. For example, an accident must occur in France, which involves a motorized land vehicle. And the plaintiff does not have to be responsible for the accident himself. But the important thing is the time. If the perpetrator is unknown, you have three years from the date of the accident to file the FGAO. On the other hand, if it is known but not insured, the victim has one year to seize the merits from the date of a transaction or a court judgment. »

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