In the event of an accident on the road, a driver who is not protected until an overaccident has been ruled out commits a fault which may deprive him of compensation if he is injured. This is recalled by the Court of Cassation in a judgment delivered by the Second Civil Chamber on 21 October 2021.
The Court of Cassation applied this principle to a driver who, after abandoning his car in a crash and taking refuge on the side, immediately returned to his car to pick up his cat. He was then injured by the impact of a vehicle at the same time.
The insurer of the new vehicle in question claimed that the victim had committed an error of recklessness such as to limit or even exclude his right to compensation. The driver has indeed chosen to return to the accident site, which is not yet secure, instead of remaining sheltered. So he increased the risk of being hit by another vehicle, and that's what happened, the insurer added.
The injured driver disputed the risk he had taken by not standing on the side.
The Court of Cassation ruled that there was indeed a fault in relation to the damage suffered. It confirmed that this recklessness may reduce or eliminate the driver's insurance compensation.
