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Insurance
Losing control of your vehicle can deny you any compensation in the event of an accident
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
A driver must adapt his speed according to the condition of the road and traffic difficulties (ice, heavy rain, works, poor road condition...). Losing control of your vehicle reveals a lack of control while driving. Such misconduct may deprive any compensation in the event of an accident. This is recalled by the Court of Cassation in a judgment of 1er April 2021.
A person loses control of his vehicle and hits a vehicle coming in the opposite direction. Seriously injured, she claims compensation from the insurance business of the driver involved.
However, the Court of Appeal and then the Court of Cassation found that the driver had not adapted his speed to traffic conditions. The road was wet and he did not control his vehicle while trying to brake.
For the judges, this misconduct, which was the direct cause of the collision, is such as to justify a total exclusion from his right to compensation. He was unable to adapt his driving and speed to the bad traffic conditions on this road. The Court thus accepts that a driver who has lost control of his car and been seriously injured is deprived of any compensation.
The lack of control of the vehicle shall be considered as serious misconduct. He is fined 4 timese sanctioned class of €135 of fine. Other offenses are also punishable by the same penalties (driving with half-worn tires, dangerous overtaking, cutting corners, driving too close to the previous vehicle...). The Court also held that these infringements were depriving of compensation in the event of an accident.
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