Can a driver who is not at fault be entitled to compensation?

The accident occurred on a departmental road in good condition and by a weather without risk, between Mr. B.'s motorcycle and a vehicle traveling in the opposite direction. The driver of the car and her companion stated that the two-wheeler was traveling in their lane, in the opposite direction, and had hit them. Mr. B. had not used alcohol or drugs. He emerges injured from this accident and asks for compensation from his insurance.

Is he entitled to ask for it knowing that he was at the origin of the accident?

Service-Public.fr replies:

The Court of Appeal found that the motorcyclist had committed an “exclusive fault of any right of redress” based on the findings of the police. They said, “For some reason, it appears that the motorcycle hit the car.”

Mr. B. challenges the Court of Appeal's decision. For him, the police officers' minutes are not authentic because the police were not present at the time of the accident.

The Court of Cassation annuls the decision of the Court of Appeal. It considers that the minutes cannot be used to establish the motorcyclist's fault. It cannot therefore be considered that it was a fault that caused the damage. The judgment of the Court of Appeal contravenes the law no. 85-677 of 5 july 1985Article 4 of which states that ‘the fault committed by the driver of the land motor vehicle shall have the effect of limiting or excluding compensation for the damage he has suffered’.

The Court of Cassation ruled in favor of the motorcycle driver. In its view, there is no evidence of fault.

If he crossed the middle line, the investigation did not determine why. Thus, the fault of the driver of the motorcycle is not characterized. He is therefore entitled to compensation for the damage suffered.

The case is referred to the Court of Appeal.