No fault for the victim of a traffic accident in undetermined circumstances

Following a traffic accident, the driver of a scooter, who was seriously injured, summoned drivers of motor vehicles and their insurance companies to have their involvement in the accident acknowledged and a provision paid.

In its decision of 11 February 2020, the Cour d'appel de Fort-de-France (Court of Appeal, Fort-de-France), first of all recalled the principle that drivers are entitled to full compensation for their damage, provided that no fault is proven against them.

In this context, the Court of Appeal, referring to the investigation carried out into the circumstances of the accident, considers that no essential element is provided for determining the fault of the driver of the scooter (lack of information on the positioning of the vehicles, the visibility conditions, speed of the vehicles, presence or absence of signs of braking, etc.).

Thus, to the extent that the circumstances of the accident are undetermined, no fault can be attributed to the victim. Consequently, the Court recognizes the right to full compensation for his loss. The victim may have his compensation limited only if it is proved that he has committed a fault in connection with the accident.

The motor vehicle insurance companies involved then appealed to the Court of Cassation, which confirmed the Court of Appeal's position.