Road traffic accident: compensation from the Guarantee Fund

Verified 17 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The Guarantee Fund for Compulsory Insurance against Damage (FGAO) compensates the victims of road accidents. The fund intervenes when the person responsible for the accident or his insurer cannot compensate the victim. This is the case if the person responsible for the accident is not identified, if he is not insured or if his insurer is insolvent. The FGAO's intervention is subject to certain conditions. The claim for compensation must be made in accordance with a specific procedure.

The FGAO operates only under certain conditions, all of which must be met.

Location of the accident

The traffic accident must have occurred on a public road in France or in the European Economic Area (EEA)).

Type of accident

The traffic accident must be caused by one of the following:

  • Driver of a land motor vehicle (car or motorcycle) traveling on public roads
  • Person traveling on public roads with or without gear (pedestrians, cyclists, skiers, rollerbladers, etc.)
  • Pets or wild animals

For what damage?

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Personal injury

The personal injury are partially covered, but the compensation is total in the following cases:

  • The responsible person (or owner of the responsible animal) is unknown
  • The person responsible (or the owner of the animal responsible) is not insured
  • The accident was caused by a wild animal.

FYI  

the FGAO shall not cover the damage sustained by the driver who caused the accident.

Property damage

Damage not caused by wild animals

The material damage are supported if the following 2 conditions are met:

  • The person responsible (or the owner of the animal responsible) for the accident is unknown and the victim suffered damage to property and bodily harm
  • The person responsible (or the owner of the animal responsible) for the accident is not insured

Compensation for material damage by the FGAO may not exceed the sum of €1,220,000 by disaster.

Damage caused by a wild animal

Property damage caused by a accident with a wild animal are not supported by the FGAO.

For which victims?

The FGAO may be seized by the victim or his successors in title, when the person responsible for the accident is unknown or is not insured.

However, some of the following people are not compensated by the FGAO:

  • Accidental driver
  • Vehicle thief or accomplice
  • Foreigners who do not reside in France or the European Economic Area (EEA))

It is the victim's insurance that usually seizes the FGAO.

However, the victim of the accident or his successors in title may also apply to the Fund.

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The victim suffered physical and material damage

The person responsible for the accident is known

If the person responsible for the accident is known, the victim has a period of 1 year to submit his claim to the FGAO. This period runs from one of the following 2 events:

  • Date on which the court ruling that compensation was not possible passed into force of res judicata
  • Date of the transaction signed with the person responsible for the accident or his insurer
The person responsible for the accident is unknown

If the person responsible is unknown, the FGAO must be notified within 3 years of the accident.

The victim suffered property damage only

The victim must submit a complaint to the FGAO within 1 year of the accident.

A form for opening the file can be downloaded from the FGAO website:

Claim for compensation from the FGAO by a victim of a traffic or hunting accident

You will also find a notice indicating the list of supporting documents to provide for the constitution of your file.

You must send the complete file to the FGAO.

Who shall I contact

  • Compulsory non-life insurance guarantee fund (FGAO)

    Compensation for victims of road accidents whose perpetrators were not insured or identified.

    By E-mail

     Access to the contact form

FAQ