Passenger Compensation Against Uninsured Driver Upheld
France (FR)
Synthèse Legislator
Généré par l'IAA driver, without insurance coverage, caused an accident resulting in personal injury to a passenger who sued the driver for damages; the Court of Cassation quashed the lower court's decision which had dismissed the passenger's claim based on the driver's failure to prove fault, reasoning that in cases involving uninsured drivers, the victim's right to compensation from the guarantor fund is absolute, and the driver's lack of fault is irrelevant to the passenger's right to full indemnification against the driver, as the obligation of the insurer or the fund is to fully compensate the victim for injuries sustained in a traffic accident, irrespective of the driver's culpability.
Regeste Legislator
Généré par l'IAPassenger Compensation Against Uninsured Driver Upheld: A driver, without insurance coverage, caused an accident resulting in personal injury to a passenger who sued the driver for damages; the Court of Cassation quashed the lower court's decision which had dismissed the passenger's claim based on the driver's failure to prove fault, reasoning that in cases involving uninsured drivers, the victim's right to compensation from the guarantor fund is absolute, and the driver's lack of fault is irrelevant to the passenger's right to full indemnification against the driver, as the obligation of the insurer or the fund is to fully compensate the victim for injuries sustained in a traffic accident, irrespective of the driver's culpability.