No one wants to be involved in a road traffic collision. But if you are while in France, there are things you should know.
Under French law, all cars, including those registered abroad, must carry at least one reflective hi-vis safety vest that is accessible without getting out of the car and a warning triangle that can be placed behind the vehicle in case you have to stop at the side of the road. Drivers who do not have this equipment in their car face a €135 on-the-spot fine.
If you are in a road accident
- Move to a safe place and alert oncoming traffic by placing a red warning triangle 30 metres down the road, if it is safe to do so, to alert oncoming traffic;
- If anyone is injured call the police on 17 or 112 (if you are using a non-French mobile phone). If the incident takes place on a motorway, use the nearest fixed roadside emergency telephone. That makes it easier for officers and breakdown crews to locate you. If you are involved in an accident involving any sort of injury, even if it is not your fault, you MUST remain until the police give you permission to leave.
- Wear your hi-vis safety vest when you are out of your vehicle;
- If two cars are involved, you may be asked to fill in a Constat Amiable D’Accident Automobile (an amiable declaration – also known as a European Accident Statement) by the driver of the other vehicle. These accident statements give a brief account of the circumstances of the accident, and then allows your insurance company to determine whose responsibility it was and the compensation that needs to be paid. This is common practice in France and should include written and graphic descriptions of the accident – but if you don’t understand what has been written, or do not agree with the other driver’s version of events, do not sign the form. It is an important document and may be used as evidence;
- If more than two cars are involved, each French driver will fill in a constat amiable;
- Make a note of the other vehicle’s registration number and take the details of any witnesses.
The constat is not compulsory, but while the police will not demand you complete one, your insurance company might, so it’s worth doing. If you don’t feel as though you understand the process or are concerned that your French is not strong enough, you should not feel pressured into signing the form.
If your vehicle needs to be towed after a collision on the motorway you must use an approved motorway breakdown service, for which you will be required to pay a government-set fee.
For breakdown assistance requiring towing (to a rest or service area, to a garage or to a location chosen by the motorist), this rate varies according to the weight of the vehicle:
€131.94 for vehicles weighing less than or equal to 1.8 tonnes;
€163.15 for vehicles with a total weight greater than 1.8 tonnes and less than 3.5 tonnes.
If your vehicle can be repaired at the side of the road, you will be charged €131.94 plus parts.
These prices increase 50% if the emergency call was made between 6pm and 8am on weekdays, or at weekends or on public holidays.
What if you are in a collision and the other driver is uninsured?
You wouldn’t be alone. In 2020, some 27,332 drivers in France were involved in collisions in which the other motorist was not insured, according to figures from the Fonds de garantie des victimes (FGAO). Of those, 7,984 were injured in the incident, and 128 died.
Those figures are down on the previous year – as is the €106.3 million the FGAO gave to those victims in compensation – but only because the Covid-19 pandemic, along with the confinements, working from home, and curfews to control it, cut road traffic levels in France.
There are strict rules for applying for compensation from the FGAO if you are involved in a collision with an uninsured motorist: the uninsured party must be at fault and the vehicle they were driving must be registered in France. You must live permanently in France, or be an EU/EEA citizen, or of Moroccan, Tunisian or Swiss nationality.
You can claim for personal injury regardless of whether the uninsured driver has been identified, but can only claim for damage to your vehicle or other property if they are identified.
To make a claim (your French insurers would probably do the bulk of the work for you) you need to fill in a compensation claim form – a copy (in English) is available here. Send it to the FGAO, along with a photocopy of your ID card, passport, or residency permit, and a photocopy of the police report (if this document is not in your possession, indicate the contact details of the authority that prepared it). If a police report is not available, a photocopy of the accident statement signed by both parties or an accident report accompanied by one or more witness accounts.
You will also need to supply medical reports if you required treatment for any injuries, and documents showing the cost of any repairs to your vehicle, if applicable.
French laws to know
You have a “duty to rescue” a person in danger in France. If you deliberately fail to help someone in danger, you risk five years in prison and a fine of €75,000.
The law – non-assistance à personne en danger – essentially obliges you to help someone in danger if you are able to without putting yourself in danger. It means that, at the very least, you should call the police or gendarmes. You can do that by dialing 17 or 112 (if you are using a non-French mobile phone).