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Car accident declaration alone: ​​when?


Car accident declaration alone: ​​when?

The declaration of an automobile accident, without a third party or with a third party, must be carried out as quickly as possible and within the limit of 5 working days after the accident, as provided for in the Insurance Code (1) . 

Accident only: does auto insurance cover me?

Most often, for auto insurance, a car accident alone is considered a responsible accident, insofar as the responsibility of no third party can be engaged. Despite everything, your insurance - in particular all risks - can cover you in the event of a car accident alone, according to the guarantees appearing in your contract and the nature of the damage.

I damaged my car on my own: does the insurance compensate me?

In the event of a car accident alone, the insurance will first cover material damage caused to a third party, if you have hit, for example, street furniture or a neighbor's gate. Whatever your contract, you are in fact compulsorily covered for your civil liability for unintentional damage that you could cause to others, including third-party insurance in the event of a responsible accident.

Regarding the damage caused to your vehicle, you can be compensated provided you have a guarantee covering you against this risk, most often called "damage guarantee". If you have comprehensive insurance, the car accident alone and responsible may be covered for the damage suffered by your vehicle under the conditions and limits of your guarantee.

Responsible for a car accident: what about bodily injury?

Following a car accident alone, auto insurance will also cover bodily damage (injury or death) caused to the passengers in your vehicle. Once again, this risk is covered by your liability cover, included in all auto insurance contracts to meet your insurance obligation.

Regarding your bodily injury as a driver, compensation for a responsible accident is possible on the condition that you have taken out a "driver 's guarantee" or an independent contract covering this risk. At Macif, bodily injury to the driver is insured by the Accident Guarantee policy, including in the event of an accident without an identified third party (2).

In the event of an accident without a third party, comprehensive insurance and a driver's guarantee are therefore recommended in order to cover your bodily injuries and their possible consequences. Depending on the contracts, you will be able to be compensated for the remaining medical costs or your loss of income for example.

Car accident only with offense: am I covered?

In addition to the warranty exclusions provided for by the Insurance Code (willful misconduct, for example), your contract may include specific exclusions. Depending on the insurance contracts, a responsible accident under the influence of alcohol or narcoticswithout technical control, without a driving license or even following a speeding ticket may not be covered by your contract.

Accident involving a single vehicle: what is the compensation period?

The conditions of compensation for a road accident, responsible or not, are likely to vary according to the quality of the victims (driver or passenger of your vehicle), the nature of the damage, and the conditions fixed by your contract.

However, the terms of reimbursement by the insurance, in the case of a responsible car accident, for example, will mainly depend on the nature of the guarantee involved.

  • Liability guarantee: in the event of an accident alone, it will be mobilized to compensate passengers injured in your vehicle. As such, the insurer must, according to the Badinter law, formulate an offer of compensation to the victim within 8 months of the accident. 
  • Vehicle damage guarantee: for material damage, there are no legal deadlines to compensate you. These will therefore mainly vary depending on the deadlines set in your insurance contract, and whether your vehicle is repairable or not.
  • Driver's bodily warranty: once again, the regulations do not impose any specific compensation period. It is the nature of your injuries and the consolidation of your state of health that will influence the compensation period.

Responsible accident without insurance: can I be compensated?

The Guarantee Fund for Compulsory Damage Insurance (FGAO) is an organization whose mission is to compensate, under certain conditions, road accident victims when the person responsible for the accident or his insurer is not able to do it. 

However, in the event of a responsible road accident, the compensation granted by the FGAO is only intended for the victims of the accident and not the driver at fault. In the event of an accident alone and therefore responsible, the driver cannot be compensated by the FGAO, neither for his bodily injury nor for his material damage (3).

Accident alone: ​​does a penalty apply?

What penalty for a single accidentAs this is most often considered a responsible accident, a penalty will be applied by the insurance, provided that the loss has resulted in compensation (4).

This rule does not apply, however, if the accident alone is a case of force majeure, namely an external, unforeseeable, and irresistible event. This is particularly the case if the loss is due to a wild animal. In this situation, no increase in insurance due to the responsible accident can therefore be applied.

You should also know that the calculation of the bonus-malus meets certain very specific rules. An increase of 25% applies to each responsible accident, even if several occur in the same year. However, some particularities should be noted:

  • your maximum penalty cannot be greater than 3.5;
  • the increase is 12.5% ​​if your liability is partial;
  • in the event of a first responsible accident and if you have had a 50 bonus for at least 3 years, no increase will apply (2).

Responsible accident: how to be well covered at Macif?

In the event of a responsible accident, Macif can compensate your material damage and bodily injury, provided that it has respectively taken out an Auto contract including the "Damage to the vehicle" cover and the Accident Guarantee contract (2).

Responsible accident: Macif car insurance for material damage

At Macif, your own material damage can be covered in the event of an accident alone or at fault, on condition that you have the Auto contract with the “Vehicle damage” cover. For this, you have the choice between two comprehensive insurance formulas covering the accident only by car :

  • Protective Formula;
  • Excellence Formula.

This guarantee thus covers you against damage any accidents, with or without identified third parties, in particular in the event of impact with a fixed object (panel, barrier, car, etc.), of the vehicle overturning, or even of your load falling (2 ).

Responsible accident: Macif insurance for bodily injury

In the event of a responsible car accidentcompensation may be granted by Macif for your injuries in the event of disability, or even in the event of death if you have taken out the Accident Guarantee policyIn addition to covering bodily injury to the driver, this contract protects you and your family from personal accidents: sports, DIY, gardening accidents, etc.  (2).

In addition to compensation following the responsible accident in the form of an annuity or a lump sum, the Accident Guarantee contract provides many other guarantees (2) :

  • support for caregivers;
  • psychological assistance;
  • home assistance;
  • or even online legal information.