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Bodily injuries claims development The French experience

Bodily injuries claims development The French experience. Summary. Bodily injuries claims – The French experience Bodily injuries accident records Current situation French insurers' plans. 1. Bodily injuries accident records . Frequency of bodily injuries in MTPL insurance .

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Bodily injuries claims development The French experience

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  1. Bodily injuries claims development The French experience

  2. Summary Bodily injuries claims – The French experience • Bodily injuries accident records • Current situation • French insurers' plans

  3. 1. Bodily injuries accident records Frequency of bodily injuries in MTPL insurance Source : Annual survey on motor insurance (FFSA)

  4. 1. Bodily injuries accident records Trends of bodily injuries compensation Base 100 in 1995 Total compensation average Salaries index Source : Fichier des indemnités allouées aux victimes d’accidents de la circulation (Agira)

  5. 1. Bodily injuries accident records Share of MTPL insurance costs in 2005 Others Window breakage Theft-Fire Bodily injuries from MTPL insurance Bodily injuries from MTPL insurance represent 3 % of motor claims, but 29 % of motor total costs (4 billion €) Property damages to vehicles Property damages from MTPL insurance Source : Acam

  6. What is the situation of bodily injury compensation in France ? Principle : restitutio in integrum – full compensation 2 systems coexisting USA, UK : compensation for full awarded damages Quebec, Sweden : satisfaction of victim’s needs The French system is hybrid Pecuniary compensation Possibility to re open the file in case of aggravation of the medical condition 2. Current situation

  7. What is the situation of bodily injury compensation in France ? Each year, insurers provide about 6 billion € to bodily injury claims 4.5 of the 6 billion are provided to traffic road accident bodily injury claims 50 % of this amount is provided to severe bodily injury victims 2. Current situation

  8. What do we observe ? A lack of transparency in bodily injuries compensation In medical evaluation Disparate medical missions Different medical scales In the range of compensable injuries No statutory list of compensable injuries Compensation mechanisms Complexity of social organisms recourse 2. Current situation

  9. What do we observe ? An unequal treatment of victims according to the jurisdiction which might be referred to Reasons Nature of the accident : domestic/medical/road/offence Jurisdictional competence : public/private ; North/South/Paris Consequences No mathematic methods to calculate pecuniary damages No logic in personal damages compensation Universal legal insecurity 2. Current situation

  10. What do we observe ? The failure of current bodily injuries compensation to meet severe injured victims’ needs Social and professional rehabilitation Optimization of remaining capacity A support program in a long period time 2. Current situation

  11. First remark : bodily injuries compensation is a social issue A proposal to reform the current bodily injuries compensation system in order to get more : Transparency Equity Adequate answers to severe bodily injury victims' needs 3. French insurers’ plans

  12. Thanks for your attention

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