After an accident, you certainly expect to receive compensation from your auto insurer. However, such an attitude is not systematic. Indeed, following a claim, insurance companies compensate policyholders differently depending on their share of responsibility and their contract. Thus, when the driver is not responsible for the accident and insured against all risks, coverage is immediate. On the other hand, a motorist at fault will have to put his hand in his pocket despite his insurance. If this seems complicated to you, continue reading this article to shed light on all the gray areas on the subject.
Insurance: what happens in the event of an at-fault accident?
As mentioned at the beginning of this article, when the motorist is the cause of the accident , he is not fully covered, regardless of the type of auto insurance contract he has signed. First of all, know that in this case, the driver’s contract is immediately affected by a penalty coefficient. In addition, it is not certain to benefit from an assumption of responsibility for the damage caused.
Depending on the insurance plan selected, the payment procedures are different. Thus, according to what third-party car insurance covers , only damage caused to another person is compensated by the insurer. The responsible motorist is solely responsible for all repairs to his car.
If the accident occurred within the framework of an “all risks” contract, the damages caused to both parties are covered. Nevertheless, the liable insured must necessarily pay a deductible provided for in the contract.
Moreover, when the responsibilities are shared between the two drivers , the law requires that the insurance companies share the costs equally. This solution is beneficial for “third-party” policyholders who thus benefit from civil liability. As for motorists with an “all risks” contract, they are fully covered by the insurance company. In some situations, a small deductible will still have to be paid.
Accident not at fault: full compensation for the victim
Since 1985, the Badinter law stipulates that any victim of a traffic accident is entitled to compensation in the event of bodily injury and/or material damage. This systematic support is ensured by the civil liability guarantee found in all auto insurance contracts. In other words, thanks to this guarantee, it is the insurer of the responsible driver who must compensate the non-responsible victim within the time limits set by law.
Therefore, if you are the victim of a road accident , the first thing to do to start the procedure for taking charge is to fill out an accident report directly after the accident. This document helps to establish the conditions under which the shock occurred and to situate the responsibilities of each party.
This document must be sent to the two drivers’ insurance companies within a maximum of 5 years. Otherwise, it becomes more difficult to separate the responsibilities and to benefit from full compensation for the damage caused during the disaster.