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Direct claims settlement in France

Direct claims settlement in France. François Werner, Managing Director AIDA symposium , Budapest, 26th November 2010. Direct claims settlement in France. Basis: the ordinary law The compensation payer is responsible A change: direct settlement

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Direct claims settlement in France

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  1. Direct claims settlement in France François Werner, ManagingDirector AIDA symposium, Budapest, 26th November 2010 This document is the property of the Fonds de Garantie and may not be circulated or used without written permission.

  2. Direct claims settlement in France Basis: the ordinary law • The compensation payer is responsible A change: direct settlement • Separation between the party liable for the compensation and the eventual payer

  3. Direct claims settlement in France Whatis direct settlement? Direct settlementconsists in the victim'sinsurertaking on the burden of investigating the claim and settling the prejudice on behalf of the responsibleparty'sinsurer.

  4. Direct claims settlement in France • 1967:Direct settlement introduced for water damage claims • 1968:IDA Convention - direct settlement of material motor claims • 1994:IRCA Convention - direct settlement of minor personal injury claims

  5. Direct claims settlement in France I. Organising compensation II. Application mechanisms

  6. Direct claims settlement in France I. Organising compensation • Proving the material facts • Determining the amount • The need for speedy settlement

  7. Direct claims settlement in France 1) Proving the materialfacts • A standardised document: the parties' accident report, which identifies them and indicates how to approach the determination of the responsible party • An additionaltool: a scalecreated by insurersthat organises recoursebetweenthem

  8. Direct claims settlement in France 2) Determining the amount To avoidany disputes, the convention established: • a single standardised document • agreement on the items to becompensated • a single list of adjusters 3) The need for speedysettlement

  9. Direct claims settlement in France II. Application mechanisms A. Financial aspect B. Legal aspect

  10. Direct claims settlement in France A. Financial aspect • Lump sum enabling recourse between insurers • Offsetting every month between insurers

  11. Direct claims settlement in France B. Legal aspect • An arbitration board to avoid disputes between insurers • An application board to monitor legislative and case law developments • An ethics committee to ensure observance of the spirit of the convention

  12. To contact us: Siège social : 64 rue Defrance - 94682 VINCENNES CEDEX Tél. : + 33 (0)1 43 98 77 00 Site de Marseille : Les Bureaux du Méditerranée 39 bd Vincent Delpuech 13281 MARSEILLE CEDEX 06 Tél. : + 33 (0)4 91 83 27 27 SARVI : 75569 Paris Cedex 12 Tél. : + 33 (0)8 20 77 27 84 Site Internet : www.fondsdegarantie.fr

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