Personal accidents
Bodily injury may occur when participating
- in a sport such as skiing, mountaineering, paragliding, or horseback riding
- during a holiday in France or abroad,
- rom roadworks on a public street,
- in a household accident, </li>
- from a dog bite or, more generally, from an injury caused by an animal,
- and from many other incidents, etc.
Personal Accident Insurance (PAI)
A Personal Accident Insurance (PAI) policy can provide compensation for a victim’s bodily injuries. However, the contractual clauses of PAI policies may stipulate compensation ceilings. There is often a minimum level of injury below which the insurance will not cover the claim.
Where possible, it is advisable to obtain compensation from a third party if the accident is attributable to them. In this case, the victim will be able to receive full compensation, which is much more advantageous than PAI coverage.
In order to determine liability, it is essential that the victim be able to prove the exact circumstances of the accident.
Various liability regimes
If, however, the victim purchased a package tour from a travel agency, the agency is automatically responsible for the proper performance of the services provided for in the agreement. In other words, the agency, and its insurer, will have to assume the liability for the accident. A package tour is defined as a trip that includes at least two of the following three services: transport, accommodation, or services provided once at the destination, such as excursions.
Hence, a holiday on a cruise ship is considered to be a package tour.
Participating in certain sports can lead to significant injuries, such as head trauma or spinal cord injury. The victim should check whether they can obtain compensation for their injuries from the association, the sports federation, or from another sportsperson involved in the accident.
Dog owners are held fully liable for any harm caused by their pet, such as biting passers-by. If the animal is ownerless, the Guarantee Fund can step in to enable the victim to obtain compensation.
Procedure
As with any bodily injury, the accident victim must undergo one or more medical examinations. In order to prepare for these medical examinations and to obtain the most appropriate possible compensation for your injuries, it is best to be accompanied by specialised lawyers and medical advisors who work for victims.
If an amicable settlement with the insurer of the liable party is not possible, the responsible party and their insurance company must be brought before a court of law to obtain compensation for the damage suffered.