The law BADINTER

The law BADINTER of July 5, 1985 provides a right to compensation for any damage caused by a traffic accident.

Do this:
- Whether a traffic accident.
- What is involved in this accident a land motor vehicle.

This law puts the responsibility of the insurer authorized to compensate you a number of obligations (information, time, offers).

Reasons for exemption

To avoid removing any responsibility to the citizens by providing an automatic repair, the legislature has established a complex system of partial or total exemption according to the fault of the victim.

According to Article 2 of the Act of July 5, 1985 Badinter, the victims, including drivers, can be countered the force majeure or of a third party by the driver or keeper of a vehicle mentioned in Article 1. That is to say that is outside even unforeseeable and irresistible, so constituting the force majeure, is never exculpatory.

Negligence

Only the fault of the victim may be exculpatory. But the fault of the victim has a different impact depending on the combination of several criteria: nature of the damage, as a victim and nature of the possible fault.

In case of damage suffered by the victim's fault it was always to limit or exclude its compensation without the need to distinguish between the nature of the fault or age of the victim (art 5. Badinter Law of July 5, 1985).

In the event of bodily injury to a driver, then applied Article 4 of the Act BADINTER. The fault of the victim driver has the effect of limiting or excluding the compensation of damage.

In case of personal injuries suffered by non-drivers aged 16 to 70 years, we apply the art. 3 al 1 of the Badinter Law of 1985. When aged 16 to 70 years, they can be countered only their gross negligence if and only if it is the sole cause of the accident.

In case of personal injuries suffered by non-drivers age 16 and over 70 years, we apply the art. 3 para 2 of the 1985 Act. For these vulnerable people with disabilities which is equated to 80%, the legislature has further reduced the cases of exemption from the driver involved.
In this particular case, the charge is exempt only in the event of willful misconduct of the victim vulnerable non-conductive, that is to say that it has voluntarily sought the damage.