Road accident: how long does the insurer have to make you an offer?

Which insurer must make me an offer?

It is the insurer of the vehicle involved in the accident that must make you an offer, even if you were a passenger, pedestrian or cyclist. It is not up to your own insurer to do so, unless it is also the insurer of the vehicle involved.

If the driver is uninsured or has not been identified, the French Motor Insurers’ Guarantee Fund (Fonds de garantie des assurances obligatoires de dommages, FGAO) steps in.

How long does the insurer have to make me an offer?

The French Insurance Code (Code des assurances), Article L. 211-9, provides for two deadlines:

• 8 months from the accident, at the latest, where you were injured;
• 3 months from your claim for compensation, where liability is not disputed and your loss has been fully quantified.

Where both deadlines may apply, the one more favourable to you prevails.

My condition has not yet stabilised: what happens?

This is the most common situation. As long as your injuries are still evolving, it is impossible to put a final figure on your lasting after-effects. The law therefore provides for two stages:

1. if the insurer has not been informed of your consolidation within 3 months of the accident, it sends you a provisional offer, that is, an advance on your compensation;
2. it must then present you with a final offer within 5 months of the date on which it was informed of your consolidation.

Must the offer cover all my losses?

Yes. The offer must cover every compensable item of your loss: expenses, loss of earnings, pain and suffering, lasting after-effects, help from a relative… An offer that leaves out items, or that is manifestly inadequate, is treated as no offer at all. To check, see the guide which losses can you claim compensation for?

What happens if the insurer misses these deadlines?

An insurer that is late is penalised: the sums it offers, or that the court awards you, bear interest at twice the statutory interest rate, from the end of the deadline it missed until the day of the offer or of the final judgment (French Insurance Code, Article L. 211-13).

The court may reduce this penalty if the delay is due to circumstances not attributable to the insurer.

Do I have to accept the offer?

No. You can refuse it, ask for explanations, negotiate a fairer amount or, if no agreement can be reached, take the matter to court. Before replying, have someone check that each of your losses has been taken into account and properly assessed.

I accepted an offer: can I change my mind?

Yes, for a short period. You can withdraw from the settlement agreement (transaction) within 15 days of its conclusion, by recorded delivery letter. This right must be stated in the offer and in the agreement itself.

After that period, the agreement becomes final: it is therefore essential to have it reviewed before signing.

Beware of the limitation period