It has been mandatory since 1958 and is governed by the Insurance Code . Its main purpose is to provide financial support to face losses incurred by an insured or a third person, especially in a car accident , but also for damages outside traffic.
Forms of contracts such as guarantees offered by insurance companies are varied. Each contract signed is specific to a situation. Whether the vehicle chosen guarantees the policyholder or the insurance company.
Insurance contracts are binding only upon the occurrence of an insured loss. In this case, compensation is made taking into account the statement of the insured, the completed accident report, the report of the expert but also clauses of the contract.
Auto insurance is an important part of the insurance market.
Compulsory insurance
Legislation
The car insurance is compulsory in France by the law of 27 February 1958 , now codified in Title 1, Book 2 regulatory part of the Insurance Code 2 . The insurance requirement applies only guarantee "civil liability", that is to say the damage caused to third parties and passengers.
It must cover the car owner, any person having custody or even unauthorized driving of the vehicle and the passengers of the insured vehicle . And damage caused by falling objects or transported accessories, they occur at the time of the fall or later. It also covers the loading or unloading operations.
The motor vehicle liability insurance must be taken without sum limitation regarding personal injury and for a minimum of 1,000,000 euros per vehicle per occurrence equipment.
If a motorist is denied by many insurance companies, it may appeal to the central rating office which is responsible for finding him insurance.
Vehicles affected
Auto insurance concerns "any device designed to transport people or things moving on the ground driven by a driving force" as well as trailers, including those that are not fixed.
It is subscribed for cars , trucks , motorcycles , scooters , tractors and construction machinery but also self-mounted mowers, moped, campers, trailers, forklifts and carts for children with batteries. However, they are generally included in the home insurance. The concept of registration does not affect the insurance obligation.
Geographical area
An insurance purchased in France helps navigate all countries listed on the " green card " (community overseas , Europe, etc.). A car insured in a country green card area rest assured when it circulates in France, without having to modify his contract. When a car insured in France leaves this area, it must take out specific insurance for the country where it will flow. This also applies when a vehicle comes from a country outside area, except for state vehicles. It must take out insurance for the period during which it will circulate in France.
Uninsured vehicles entering French territory, must take a border insurance can be underwritten by customs at the entrance of the territory.
During a disaster from a French vehicle and a foreign vehicle green card area, the IRSA Convention does not apply, which means that the file processing time is much longer. Guarantees and limits will be those of the country where the disaster, unless the contract is more favorable.
The insurance can be taken either in the country where the vehicle is registered or from a country insurance residence keeper.
During a stay of more than three months outside France, it should take insurance in the country where you are staying.
Supporting
- The Green Card is a document used to assume that the insurance obligation is respected. She is accompanied by the certificate of insurance must be affixed on the windshield . The precise green card as all the countries in which the insurance is valid.
- The survey information is a document issued by insurance upon request of the insured, to detail his bonus and the history of its claims over the past five years. It shall specify the designated drivers to the contract, the nature of the claims (tangible or material) and the responsibility of the driver, the identity of the driver, the warranty period and the gross reduction coefficient at maturity anniversary.
Chronology of auto insurance in France
The history of car insurance in France begins in 1929, with the creation of the French Central Bureau of insurance companies for the study of statistics on car accidents. Given the intensification of car traffic, the legislature decided July 1930 regulate auto insurance.
At the exit of the Second World War the traffic increases and with it the number of injured. To raise awareness, the insurance companies with the help of the Union of Road France have the initiative in 1949 to create the Road Safety . Its mission is to encourage, to study and implement measures to reduce the frequency and severity of road accidents. It sets up a network of information and public awareness. She is joined in 1972 by the Interministerial Committee for Road Safety . Its purpose is to raise awareness among road users of risk factors related to driving: speed, alcohol, non- wearing of seat belts , fatigue, etc.
At the time the insurance is not mandatory that can make that victims may be doubly harmed in case of serious bodily injury if the responsible drivers do not have the means to compensate the victims themselves recent in addition to their injuries can not be compensated. To put an end to this injustice, the law of 31 December 1951 gives rise to the Motor Guarantee Fund (FGA). This structure is responsible for paying allowances to victims of personal injury accidents caused by vehicles whose drivers are unknown or uninsured and insolvent. The FGA appear quickly sees its financial limits. Most cars are insured but these are the two wheels that are the least covered and most vulnerable to serious injuries. This pushes legislators to impose auto insurance to all the 27 February 1958 Six years later.
In 1955 , the automotive common Office (ACO) is created and regroups independent automotive experts to quickly estimate the cost of claims on behalf of insurance companies. The BCA succeeds Expertise Convention of 1954. However, the profession of experts is not organized before 1972 .
The 1 st May 1968 The direct compensation agreement of the insured (IDA) is set up to allow insurance companies to indemnify the insured directly without waiting for the outcome of an appeal of longer common law. This agreement establishes a scale of responsibility that simplifies procedures between insurance companies. This agreement facilitates management of nearly 80% of claims. In 1974, she became the Convention inter motor claims settlement companies (IRSA).
To promote good drivers and punish the bad, the legislator establishes the regime bonus-malus the 11 June 1976. However, its existence is undermined by the Commission in Brussels which believes that it harms free competition and that it violates the Third Directive regulating the non-life insurance, entered into force on 1st July 1994. But the 8 September 2004 The European Court of Justice makes a decision favorable to the French system.
The 1st October 1977 enter into force on the implementation of the compensation agreement in injury (IDAC) in order to improve the compensation limit for bodily injury claims.
This is a result of the case Charoy that the authorities are aware that the family members of the driver or the insured are not automatically insured as well as third parties. Indeed Article L. 211-1 § 5 of the Insurance Code will consider them only from the third 7 January 1981. Before this law, if the driver does not endorse a particular insurance for his family members are not compensated in case of accident. The change in the law in their favor thus allows passengers to be systematically assured without endorsing a particular option.
The 13 July 1982 All insurance contracts that cover damage to property must include a guarantee against natural disasters.
During a traffic accident is the liability of common law 1382 of the Civil Code and the following applies. This poses problems for an equitable system of compensation for personal injury because the driver may be exonerated wholly or partly from its liability for foreign cause.
The 21 July 1982 the Second Civil Chamber of the Supreme Court will make a contested judgment: ' the Desmares stop "launches a policy of all or nothing to the detriment of victims. Indeed if there is negligence, it will be completely devoid of recourse against the driver. Add to that the growing number of casualties on the road which is close to 300 000 per year. Some judges refuse to apply that judgment, creating an imbalance between courts. So that no victim of road accidents is left without compensation, Badinter Act is passed on 5 July 1985 and comes into force 1st January 1986.
The 1st January 1986, The compensation agreement for the account of others (ICA) was established. She replaced the 1st April 2002 by the indemnity agreement and automobile body use (IRCA).
The motor guarantee fund is overworked for accidents caused by uninsured drivers. Thus, the legislature mandates the insurance thumbnail display on vehicles from 9 September 1986. This facilitates the monitoring of compliance with the insurance obligation and makes more effective sanctions.
The 25 June 1990 The law requires that fire insurance of car insurance policies also cover damage caused by storms, hurricanes or cyclones.
Guarantees offered
Many benefits can be offered during the subscription of an auto insurance policy.
Guarantees are independent of each other whether in underwriting as in implementation. This means that during a fault accident, even if you do not have the guarantee "all risks", warranty support, driver safety and defense remedies work. Similarly, the guarantee "all risks" does not necessarily mean you have subscribed to assistance or other options.
Liability
The minimum guarantee is auto liability, which is distinct from liability privacy. In everyday language, we speak of insurance "third party". This warranty only covers damage to other property or persons, so those of the collided vehicles, injuries of users of cars outside the responsible driver, as pedestrians, but also the damage to material goods of all kinds (streetlights , walls, buildings ...). In a collision with a responsible third party, it is the insurance of the person who supports the damage.
This guarantee covers, in particular damage to a building during a fire communication that would have originated in the insured car. It must also take into account the damage that could be recognized as a result of theft and one month after the date of declaration of theft.
Most insurance companies cover damage caused by a trailer less than 750 kg but only when towing, this is specified in the terms of service.
Defense appeal
The use defense guarantee is often inseparable from personal liability, because it aims to take the court or judicial defense and exercise appeals on behalf of the insured as a result of a vis-à-vis the sinister injured third parties or leaders.
The insurance must provide the insured tips, free choice of a lawyer, but also bear the legal costs, bailiff and expertise.
It may be supplemented with a legal protection insurance .
Driver safety
Driver safety covers bodily injury of the driver when it is responsible or that there is no identified third party. It can be likened to an "individual accident". It may be included in the contract or automobile purchased separately. Indeed, the damage sustained by the driver are excluded from the compensation system of the Badinter law . It often has a disability exemption implies that the guarantee only plays when serious injury crashes.
The guarantee supports medical expenses resulting from the accident, the loss of income as a result of the disability, the development costs of the domicile of the insured as installing a ramp, pay aid home after the loss of autonomy. In the case of a death, there may be reimbursement of funeral expenses, the payment of a fixed capital or an annuity.
Natural disasters, technological disasters
The guarantee covering the damage to the car, during natural disasters or technological , is necessarily included when there is a property insurance, such as broken windows. To play this guarantee, it is imperative that a decree interministerial be published in the official journal.
Theft, fire and extended coverage
The guarantee flight covers damage to the vehicle during a total theft, partial or attempted: the insured is paid the value of his vehicle after a minimum period of 30 days. If the vehicle is found within this time, it is automatically restored if it is economically repairable.
If only parts or accessories disappear, parts replacement is performed while the amount of compensation does not exceed the price of the vehicle.
An insurance company may provide for a reduction in the compensation insurance when the insured vehicle is stolen with the keys in it.
The flight warranty is not insurance in case of fraud of which an insured person can be a victim in the sale or purchase of the car.
To guard a claim , the insurance company may impose measures to prevent the insured, such as buying a burglar approved for motorcycles, the etching of glass, or regular parking in a spot closed (garage or underground parking).
The guarantee fire cover damage sustained by the vehicle when it was destroyed by a fire, whether criminal or mechanical, as well as the action of lightning , explosion, attacks and acts of terrorism . If the loss is due to a fire communication is the personal liability of the responsible vehicle that takes into account the damage to third parties, and ensuring fire that comes to those responsible car.
The guarantee against climatic events ( storm , hurricane , cyclone ) is included in fire insurance.
Other
- The guarantee content: all that is left inside the car: personal belongings (clothing), luggage, small equipment (eg radio , GPS ), professional equipment.
- The loss of value or purchase value is a guarantee that covers loss of value on the vehicle. It can, if the vehicle is totally destroyed, refund the purchase price of the vehicle or add additional lump sum or a percentage on the side of the car at the time of the accident or repayment deadlines have remaining on a lease.
- The replacement vehicle is the provision of a vehicle loan or leasing package to temporarily replace an inoperable vehicle after an accident, theft or failure.
- The guarantee of accessories cover external elements added on vehicles like the tuning .
- Theft or loss of keys can be compensated to some companies.
See
- road accident in France
External links
- News of auto insurance on the French Federation of Insurance website
- The fact sheets on car insurance on the French Federation of Insurance website
- [PDF] The evolution of automobile insurance premiums and Housing 01/2011
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