During the consolidation period, the victim of a road accident has the right to request a provision from his insurance. The provision is important, especially if the consolidation takes a long time, even several years.
Payment Of A Provision Following An Absence Of Dispute
In the case of a non-conductive victim such as a pedestrian or a passenger, the right to compensation cannot be contested. As a result, the victim can benefit from an immediate provision to cover the costs relating to consolidation.
Concerning a conductive victim, the report will be the document that will justify the absence of responsibility in the accident. It should be noted, however, that the minutes are generally only completed after a long period (6 to 18 months).
The Value Of Provisional Compensation
If the victim has the right to receive a retainer in the absence of a dispute, several criteria determine its amount, however. The latter must, in fact, be justified by loss of income, expenses relating to assistance, various costs, etc. Note that in the event of insufficient justification, the victim risks having their request for a provision severely limited, and even refused.
To determine an appropriate amount, you should hire a lawyer. The provision constituting an advance, the sum provided, will be subtracted from the final compensation.
The Provisional Referral System
In the event that the victim is not satisfied with the provision proposed by the insurer or the insurer delays in submitting an offer, it is possible to have recourse to interim relief. The victim who undertakes this procedure must file an application with the court registry.
The judge in summary proceedings will analyze the request and will be responsible for negotiating the amount of the provision with the insurer. If the request is admissible, the judge will make a provision to the victim. If it is refused, the victim has 15 days to appeal.