Question 9464 — insurance

Summary

Mrs. Tiffany Joncour draws the attention of the Minister of State, Keeper of the Seals, Minister of Justice, to the legal consequences of a unilateral refusal to sign an amicable report in the event of a traffic accident. In the current state of the law, there is no legal obligation forcing a person involved in an accident to sign the amicable report, as long as they remain on site and provide their identity. This behavior does not constitute therefore neither an offense nor a misdemeanor, in particular with regard to article L. 231-1 of the highway code relating to hit and run. This legal void exposes many victims to unfavorable decisions from their insurance company, under the IRSA convention which governs inter-insurer relations. Thus, when a driver refuses to sign the report, even if he is at fault and remains on the scene, the other party can be held 100% responsible, or failing that be assigned shared responsibility, leading to a penalty, an increase in contributions or a lack of compensation. This situation, paradoxical and unfair, fuels a strong feeling of abandonment among policyholders in good faith. It reflects a form of civil disempowerment contrary to fairness and promotes impunity for delaying or dishonest behavior. This phenomenon is not marginal: it affects, each year, several thousand honest drivers, deprived of compensation despite real damage. She asks him what reforms are planned to guarantee better effectiveness of civil liability decisions in the event of refusal to sign an amicable report, strengthen the right to compensation of victims in these situations and legally regulate the consequences of this refusal, in particular via simplified procedures or regulated presumptions of responsibility. She also asks him if a reflection is underway, in particular with representatives of the insurance world and civil courts, to change a law that has become unsuitable for everyday realities.

Machine translation from French. The official text remains authoritative.

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