French victim of accident or aggression abroad
Whether you are resident, expatriate, on the move professional or simple tourist, the French victims abroad accidents or aggression can be compensated of their whole bodily injury France by the Commission Compensation Victims of Offenses (CIVI).
Anyone of nationality French or having a double nationality being abroad in a private or professional setting can access the system compensation, and that whatever the length of stay. The condition of nationality attaches to injured party, or to the plaintiff to compensation. So, a French national may request compensation for his indirect harm suffered by his foreign spouse or children if they have died or victims of polytrauma, and vice versa.
In this case, the indirect damage can be compensation for the injury moral or caring a loss or a decrease of income affecting the set of the close family of the deceased and directly related to the death of the victim. If a Frenchwoman loses her husband of Thai nationality in an accident of the circulation in Thailand she will be able to obtain a repair of his indirect damages for herself and her children if they are of French nationality; likewise for a Thai woman wife of a Frenchman.
To be compensated, you have to prove the existence of an infringement the origin of the harmful event, that is, an action or a behavior defined by the code criminal law and punishable in France. The fact damaging (action that produces the damage) can be voluntary or involuntary.
There are harmful facts “Classic” as aggressions physical, kidnapping, acts of terrorism … but also all those engendered by the made by a third party, voluntary or not. Thus, access to the compensation system is possible for victims of all types of accidents like those of the road, that they are conductive, transient, pedestrians … but provided to prove the existence an offense committed by a third party at the origin of the facts.
The proof of these facts can be reported by any means (medical documents, testimonials, criminal decision …), but it is always better to wear complaint in order to obtain from local police a finding or an investigation report, then report aggression or accident at the consulate. The harmful facts must have resulted in total inability to work (ITT) equal or higher one month, permanent disability or death. In case of sexual assault, it is not necessary to justify an ITT.
The claim for compensation must be submitted within a three years from the facts. This may be extended in the event of criminal proceedings in the country where the facts were committed. But the request, even presented after these deadlines, can be accepted if the victim proves that she was unable to act. When the victim is a minor, the delay three years starts running at from the age of majority.
Compensation is paid by the FGTI (Guarantee Fund for Victims of Terrorism and Other Offenses) and the Motion is before a Commission Compensation Victims of Offenses (CIVI) in La France. This is the jurisdiction in front of which the victim is wearing his claim; it is pronounced on the admissibility of the application compensation and fixes the amount compensation that the victim is entitled to receive FGTI. There is a CIVI in each District Court (TGI).
For expatriates, the CIVI Paris is competent to examine the claim for compensation. For French residents, the competent CIVI is that of the place of residence of the victim. The victim, like the FGTI, can challenge the decision of the CIVI before a court of appeal. Introduction of the procedure compensation in France is possible at any time, that the author of the accident or aggression be identified or not, whether he is insured or not, whether he able to repair financially the harm or not.
The material nature of the offense is appreciated in view of the French criminal law and not in the light of of that applicable in the country where the facts occurred. If the victim commits a fault the origin of the accident or aggression, that does not deprive her necessarily compensation but can limit it.
The CIVI is a jurisdiction totally autonomous who appreciates sovereign way the facts that him are subject with power very wide appreciation. She fully repairs the damage suffered, without ceiling, that they be economic (loss of wages, medical expenses …) or personal (disability permanent, suffering endured, aesthetic prejudice, sexual…).
The sums allocated being paid by the FGTI, the victim is therefore assured of the settlement of allowances granted under his injury; but if the victim receives from the offender or his insurer an indemnity, this one will come in deduction amounts paid by the FGTI. The FGTI is obliged to regulate provisions or compensation final in the month of the decision made by the CIVI.
Property damage (theft, fraud, breach of trust, etc.) may give rise to a right to compensation but the conditions access to this system are more restrictive and the amounts granted capped.