The Gazette 1985

APRIL 1985

GAZETTE

You Can Say 'Accident' in French: Road Accidents in France and How to Cope Legally by Alain Comec* *(This article was first published in the Gazette of the Law Society of England and Wales on 28 November. 1984, and is reprinted here with kind permission of the publisher.) H OLIDAYS begun in high spirits can come to an abrupt and painful halt if an accident happens. A

(b) Police Report In practice, the police (in town) or gendarmerie (in the country), will only come to the place of an accident in cases of physical injury. In that event, they make a report, on a set form, giving particulars of vehicles, parties, witnesses and draw a plan of the place, vehicles, etc. If they feel that the matter might lead to prosecu- tion, they may start an inquiry, and hear parties and witnesses, in 'procés-verbaT taking the parties' statements. Although not taken under oath, such statements are very difficult to alter afterwards. These documents are never given to the parties, who only receive from the police a slip of paper with some details for reference. Reports are then sent to the public prosecutors' office of the local tribunal (Procureur de la République) for keeping and eventual prosecution. Enquiries must be so directed. French insurers have set up a company which receives a copy of every road accident report. Its services are not normally available to the public, although English insurers can use it. The report can usually be obtained in a matter of weeks. There is no access to the file whilst the police inquiry is taking place, which can take months. It is only when the inquiry is over and a decision to prosecute or leave the case has been taken that the file can be copied. These documents must be requested through an avocat and it will involve a copy fee to the clerk of the court. (c) Witnesses In most cases, the judge will not actually hear the witnesses, but use affidavits, made in writing according to English or French rules. The actual cross-examination of witnesses is exceptional except in criminal cases when the victim is disabled for more than three months. In most cases French courts will accept a letter in handwriting by the witness; he (or she) must state what he (or she) has seen, relationship or common interests (if any) to the parties, stating that he knows the letter will be used in evidence, and supported by a photostat of a signed official identification document (such as a passport), except in criminal cases where witnesses must attend. In France an affidavit by one party cannot be

problem at home can be a nightmare abroad: the language barrier, banking problems, etc., all combine to make things worse. The vast majority of cases involve no or minor physical injuries and are usually dealt with through insurance companies. Some victims will not even go to their solicitor, thinking he will be unable to help, and rather than risk two sets of lawyers, they will accept any settle- ment from the insurers. Some will do nothing at all, since they are too frightened to make a move. A few will, however, ask their solicitor's advice. This article aims to help the solicitor cope with a claim by a client who has been involved in a traffic accident in France. But how will the solicitor manage? Can he say 'accident' (an other related phrases) in legal French? This article sets out to provide a simple guide through the French legal idiosyncrasies, from a practical angle, aiming to answer the five major questions: How do I find evidence of what happened? How can I establish liability and obtain compensa- Evidence First, precise knowledge of the facts is vital. 'Facts' here mean what can be proved in court. There are three major sources of fact-finding after a road accident in France: (a) Report by Parties: 'Constat Amiable' This consists of a set of self-copying printed forms, handed out by insurance companies, filled in and signed on one side in duplicate by both parties. Each party keeps one sheet, then completes it on the reverse side before sending it to his or her insurance company. Although it should not in principle be used in cases of physical injury, it is often the only easily available evidence. It is therefore very important to have a completed constat. It will be very useful evidence in court. English motorists should make sure they have such forms before going on holidays (obtainable in bilingual version from motoring associations). tion under French law? How much will I obtain? How do I get it? What will it cost me?

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