You can be compensated as a victim of a traffic accident when you get injured by raising a scooter that has fallen to the ground. That's what the Court of Cassation decided.
While driving, a man stopped to raise a scooter to the ground, tearing a muscle in his right arm.
Initially, his claim for compensation from the insurer is not successful. For the judge, the act of injuring oneself while raising a scooter is not a fortuitous and unforeseeable event and is therefore not the consequence of a traffic accident.
The Court of Cassation does not follow this reasoning. The victim was injured while raising a land motor vehicle and was indeed the victim of a traffic accident within the meaning of Article 1 of the Law of 5 July 1985.
