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Not at fault in a road accident: your right to full compensation

Practical guide · Updated 2026-07-06

When you are not responsible for a road accident, your compensation must be full, but you still have to defend it.

Not at fault: full compensation

Under the Badinter law, a victim who is not at fault in an accident involving a motor vehicle is entitled to full repair of their bodily injury. The at-fault party insurer must compensate.

The other insurer must make an offer

The at-fault insurer faces strict deadlines: an offer within 8 months of the accident, and a final offer within 5 months of consolidation. Otherwise, penalties apply.

Do not let your insurer minimise

Beware: your own insurer may handle the file through agreements between companies. These are built for speed, not necessarily to maximise your compensation. A quick offer is often below your rights.

Items not to forget

Temporary and permanent functional deficit, pain, aesthetic loss, professional impact, third-party assistance, future costs, loss of amenity. Each item is valued separately.

Our advice

Do not sign any release or offer without analysis. Get assistance before the medical assessment, which drives the whole valuation.

Frequently asked questions

The insurer offers me a sum, should I accept?
Not without checking it. A first offer is almost always a basis for negotiation, often undervalued. Once a settlement is signed, going back is very hard.
What if I am partly responsible?
Even partly responsible, you keep rights to compensation; only a share may be discussed in some cases. Case-by-case analysis is essential.

Injured in an accident? You are not alone.

We review your case for free, with no obligation. Reply within 24h, anywhere in France.

This article is general information only and is not legal advice. Every case is different and no outcome can be guaranteed.