Following an assault, Leila suffered physical as well as material and moral damages. She would like to know how to obtain compensation for her various losses, what the different steps are, and who to turn to.

Who Should Compensate You?

If you have suffered damage caused by an act or negligence, it is the perpetrator of the act or negligence who must compensate you. This is the principle of civil liability. However, you must prove that the act or negligence is the cause of your damage and that they were committed by the person you are pursuing.

There are cases where the law stipulates that the person responsible for the perpetrator of the act must compensate you.

Examples:

Damage caused by a minor: if you have suffered damage caused by a minor child, it is their parents who must compensate you.

Damage caused by an employee: if you have suffered damage caused by an employee within the scope of their duties and during their working hours, it is the employer who must compensate you.

Damage caused by an animal: if you have suffered damage caused by a domestic animal, it is the owner of the animal who must compensate you.

What to Do to Be Compensated?

There are different ways to obtain compensation following an injury. It is possible to seek redress in court, to be compensated by a guarantee fund, or to contact your insurance. Depending on the type of damage suffered, the approach may not necessarily be the same.

I. Seeking Redress in Court and Receiving Damages

As a victim, you can take legal action and ask the judge for compensation for your damage through the awarding of damages. In all cases, you will need to prove the damage, which must meet certain characteristics.

The claim can be presented in a civil, criminal, or administrative case.

• Before a civil court, this assumes that you know the person who caused you harm. You must prove the damage. Before the civil judge, the person who considers themselves a victim (the plaintiff) seeks compensation from the other party (the defendant). The person responsible for the damage can then be ordered by the judge to pay you damages.
• If your damage was caused by a public service or administration, you must refer the matter to the administrative court and also make a prior claim for compensation to the service concerned.
• Before the criminal court, you must show that your damage was caused by negligence, fault, or an offense, and you must file as a civil party. The criminal judge can also order the perpetrator of an offense to pay damages to the victim.

You must be attentive to the statute of limitations.

What to Do if the Debtor Does Not Pay the Damages?

If you have obtained a final judgment ordering the person responsible for your damage to pay you damages, but they do not pay all or part of the amount they owe you, you can then implement enforcement procedures.

If the perpetrator is sentenced to a firm prison term, you must contact the director of the prison where they are located. You can be compensated:

• By receiving a portion of the resources earned by the convicted person in your bank account every month;
• By calling on a judicial officer. If the convicted person is solvent, they can, through various enforcement measures, seize their assets.

If the perpetrator is subject to a suspended sentence with probation and does not pay you the damages they owe you, you can contact the probation and insertion service (SPIP) of the region or directly the judge responsible for the execution of sentences.

The Sarvi

When the convicted person does not pay, the victim can request assistance in recovering these sums by contacting the Service for Assistance in the Recovery for Victims of Offenses (Sarvi).

For Sarvi to intervene, all of the following conditions must be met:

• The victim cannot be compensated by the Crime Victims Compensation Commission (Civi). If the victim has made a request to Civi that has been rejected, they can only appeal to Sarvi one year after this rejection decision.
• The victim is a private individual who has obtained a decision from the criminal judge granting them damages and, possibly, reimbursement of all or part of the trial costs.
• The convicted person has not paid the amount of the conviction within 2 months following the final conviction.

The request must be filed no later than 1 year after the final conviction. However, Sarvi may accept a request submitted late for a legitimate reason.

II. Compensation Schemes

Victim of Crimes: Civi

To ensure compensation for victims of crimes placed in particularly serious situations, there is a compensation scheme that can be implemented independently of the criminal proceedings, even if the perpetrator has not been found.

If you have been the victim of a crime, you can, under certain conditions, obtain full or partial compensation for your damages by filing a request with the Crime Victims Compensation Commission (CIVI). This procedure does not apply to victims of work accidents, acts of terrorism, and road accidents. In these cases, there are other procedures that entitle you to compensation.

You must file with Civi within a certain timeframe:

• Either within 3 years from the date of the offense;
• Or, if legal proceedings have been initiated, within one year from the date of the last court decision.

The compensation request must be made by a natural person who must complete the cerfa form n°12825: Request for compensation from the Crime Victims Compensation Commission (Civi)

The request must be sent by registered mail with acknowledgment of receipt to the Civi registry. It must be accompanied by supporting documents (invoices, medical certificates…).

The request can also be made online: Crime victim: make a compensation request to the victims guarantee fund

To obtain compensation, certain criteria must be met.

In case of personal injury (e.g., defamation) or minor bodily harm:

• You are a direct or indirect victim of bodily harm resulting in total incapacity to work for less than 1 month;
• The offense has caused serious disruption in your life (for example, inability to lead a normal family life);
• You cannot obtain compensation for your damages from other organizations.

In case of material damage:

• You have directly or indirectly suffered one of the following offenses: theft, fraud, breach of trust, extortion, deterioration, destruction or damage to property;
• The offense causes serious disruption in your life (financial loss, theft of furniture…);
• You cannot obtain compensation for your damages from other organizations.

The amount of compensation is capped at 4,342 €, and your resources must not exceed certain thresholds.

Road Accident Victim: FGAO

The Mandatory Damage Insurance Guarantee Fund (FGAO) compensates victims of traffic accidents. It intervenes if the person responsible for the accident or their insurer cannot compensate the victim, particularly if the person responsible for the accident is not identified or is not insured.

Medical Accident Victim: Oniam

If you are the victim of a medical accident, you can be compensated by the National Office for Compensation of Medical Accidents, Iatrogenic Diseases and Nosocomial Infections (ONIAM), which is a public institution whose mission is to organize the compensation scheme for victims of medical accidents.

III. Recourse to Insurance

In case of bodily or material damage, it is important to check whether you are covered or not by your insurance contract. You should verify the content of your contracts and the extent of your coverage: multi-risk home insurance, automobile, individual accident, specific contracts, etc. Also ask your bank if you have insurance for the theft of checkbooks and

Example: your house has just been burgled. If your multi-risk home insurance contract does not include theft and vandalism coverage, you will not be able to receive compensation. If you have theft coverage, you must then file a complaint and report the burglary to your insurer within two days of discovering the offense.

In all cases, there are some steps to follow:

• The claim declaration

When you suffer damage, you must notify your insurer as soon as possible. In some cases, an amicable settlement or a complaint may also be necessary.

• Damage assessment

In order to assess the damages and losses incurred, several supporting documents will be requested by the insurer: purchase, maintenance or repair invoices proving the value of your property, photographs of damaged property and/or damaged premises.

In the case of bodily injury, an examination of the victim’s health condition will take place to determine the physical and moral damages suffered. The victim can be compensated if they have:

• An individual accident guarantee or extra-curricular insurance for a child;
• A life insurance policy with coverage for work stoppage and disability;
• Special coverage against assaults.

To be compensated, the victim must provide the insurer with supporting documents such as an Initial Medical Certificate issued by the treating physician or emergency doctor or the UMJ doctor, prescriptions, and healthcare expense invoices.

• The expertise

When the incident has caused significant damage, an insurance expert will be commissioned by the insurer to assess the damage. They will thus make a visit to the site of the incident to observe the damage suffered, determine its causes, and evaluate the amount of compensation. If you disagree with the expert’s final report, you can request a counter-expertise at your own expense.

• The compensation

To receive your compensation as quickly as possible, you can promptly declare the incident, gather as much documentation as possible to assess the damage, take photos and videos to have relevant evidence, etc.

If a deductible is provided for in your contract, it will, except in exceptional cases, be deducted from your compensation.

The payment of compensation is not automatic. Depending on the nature of the damage, your insurer may offer you the intervention of one of their craftsmen. In this case, you will not receive compensation as it will be paid directly to the craftsman.

You have a dispute with third parties

Legal protection insurance resulting from an insurance contract, guarantees the legal risks that insured parties may face. Whether it’s a dispute with an internet service provider, a disagreement with a neighbor, or a dispute between tenant and landlord

APPLICABLE REFERENCES

Code of Criminal Procedure: articles 706-15-1 and 706-15-2; articles 706-3 to 706-15 (right to compensation); articles R49-20-1 to R54-9 (compensation claim: articles R50-1 to R50-28); articles 85 to 91-1 (filing a complaint with civil party constitution); articles 418 to 426 (civil party constitution during a trial);
Insurance Code: articles L421-1 to L421-7 (Guarantee Fund for Compulsory Damage Insurance); articles L121-1 to L121-17 (Rules relating to damage insurance); article R421-1 (Common provisions for damage compensation); articles R421-2 to R421-17 (compensation for damages resulting from personal injury); articles R421-18 to R421-20 (compensation for property damage); art. A421-1 to A421-1-1 (compensation for damages resulting from personal injury and property damage); articles L422-7 to L422-11.
Civil Code: articles 1240 to 1244 (liability in case of fault); articles 1245 to 1245-17 (Liability for defective products).
Internal Security Code: article L211-10 (State responsibility for crowds or gatherings).
Decree No. 2005-113 of February 11, 2005 relating to liability for defective products.