Jodine Serrin

All about Accident & Murder

How to cope when you are the victim of a road accident?

You have been the victim of a traffic accident either as the driver of a land motor vehicle (car, heavy goods vehicle, coach, 2-wheel or 3-wheel motor, etc.) or as a passengerpedestrian, cyclist involving a land motor vehicle.

Please note that you have certain rights enacted by the law of July 5, 1985, known as the “Badinter law”.

Credit: lifehack.org

The purpose of this law is to protect victims of road accidents:

If you are a passenger, pedestrian, cyclist.

If you are a driver of a motor land vehicle in the condition that your responsibility is not engaged or partially engaged in an accident involving another motor vehicle.

I am the driver of a land motor vehicle, and I dispute the liability

If your insurer considers that you are totally or partially responsible for the accident and that you do not agree with this analysis, do not hesitate to contact us. In an accident, knowing who is at fault is usually of the utmost importance in awarding compensation after a car accident.

Indeed, insurers have set up liability scales with the aim of closing cases as quickly as possible, the victim’s interest is secondary.

If you wish, you can also contact us free of charge.

We will communicate our opinion and the means to defend you as soon as possible.

I am a non-responsible motor vehicle operator, pedestrian, passenger, or cyclist.

You are the victim of a traffic accident caused by a land motor vehicle and you have been injured, you want bodily compensation following the accident because you have suffered bodily injury or one of your relatives has died.

If no fault can be blamed on you, you must be fully compensated for your bodily injury but also your financial and economic losses …

The Badinter Law protects vehicle passengers, pedestrians, and cyclists so that their bodily injuries are fully compensated by insurance regardless of the circumstances of the accident.

Only an inexcusable fault committed by the victim can lead to reducing or even possibly excluding any right to compensation for a road accident. These cases remain relatively rare and the request for compensation following a road accident is generally successful.

Good to know:

If as a result of the traffic accident of which you were the victim, you were hospitalized and had recourse to a medical course, surgeon, doctor, physiotherapy, nurse, etc. and if you have also been the victim of a medical error, medical fault or nosocomial infection, the insurance of the person responsible for the traffic accident must indemnify you for all these consequences.

It will then be unnecessary to initiate an appeal against the person responsible for the medical accident.

For example:

You have contracted a nosocomial infection that required a longer work stoppage than expected.

You have tibia-fibula fracture badly operated by the surgeon who incorrectly positions nails, screws, plate and a new operation is necessary.

You have a wrist fracture that was not diagnosed until late, this is called delayed diagnosis.

The car accident resulted in a fracture of the vertebrae and the surgeon caused nerve damage by touching the spinal cord.

You have a fractured knee and the surgeon damages the cruciate ligaments, lateral ligaments during the procedure.

ERs don’t see an elbow fracture whereas radios are practiced on the spot but badly interpreted.

Your scooter accident results in a fractured radius that should have been operated on rather than immobilization with an elbow splint.

Misdiagnosis of a pelvic fracture or acetabular fracture after an accident as a pedestrian.

You have suffered an acromioclavicular dislocation when you fell from your bike following an impact with a car that is not operated properly.

A fall from a scooter causing a ruptured rotator cuff that was not diagnosed in time.

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