Please note that you have the right to demand your body repairer. You are under no obligation to go to the approved garage recommended by your insurer. If the latter gives you a list of approved garages, you have the right to let them know that you have chosen another repairer.

This law, passed on December 16, 2013, and whose decree is applicable from January 2015, means that you now have the right to go to the body shop or garage of your choice.

So you have the RIGHT and the CHOICE.

In the event of a non-liable claim involving an identified third party, the injured motorist has a “direct right of action against the insurer guaranteeing the civil liability of the person responsible”.

Direct Recourse can be set up to the extent that you have been the victim of a loss for which you are not responsible and for which the third party has been identified. There is a real advantage to setting up this process, thanks to Direct Recourse it will allow you not to see the loss in question appear on your information statement.

The advantage of direct recourse is that an independent expert, with an impartial and objective opinion, will defend your interests.

Have you been the victim of an accident and have noticed an injustice regarding the appraisal of your vehicle? Were you expecting more coverage for the repairs? Please note that you have the option of appointing your own expert who will carry out a contradictory appraisal, in other words a counter-appraisal of your vehicle. After his appraisal, the expert you have appointed yourself will compare it to that of your insurance company's expert and try to reach an amicable agreement for the repair of your vehicle. This counter-appraisal may also be covered by your insurance if you have taken out a legal protection contract that provides for it.

Have you been the victim of an accident that seriously damaged your vehicle? Please note that you can ask your insurance to pay you compensation for the depreciation of your vehicle. Indeed, when reselling it, you are required to inform the buyer that the vehicle they wish to acquire was seriously damaged in an accident that occurred in the past, even though it has been repaired and this is not visible. Consequently, there may be an obvious financial loss. You can therefore resort to an appraisal for vehicle depreciation, even if your insurance has already covered the cost of repairing the accident.

An authorized repairer is a professional in the automotive repair industry who has entered into a rate and service agreement with one or more insurance companies in exchange for a certain volume of vehicles to be repaired. This is therefore a commercial agreement.

The discounts granted to insurers by approved repairers are relatively substantial and vary from one insurer to another. And faced with costs that increase a little more each year, it is becoming difficult for many of them to work at hourly costs that are no longer in line with economic realities.

This is a mechanism that allows the body repairer to be paid directly by the insurance for work carried out on a vehicle and not by the owner. The assignment of debt contract is established between the repairer and the insured, and can be established with all repairers, whether they are approved or not.

Long reserved for tangible goods or furniture, pledging is a procedure that also applies to intangible assets such as insurance receivables. Initiated by the Fédération Française de la Carrosserie (FFC).

In practice, the customer, who has a guarantee through his insurance contract, signs an agreement with the repairer to ensure payment of his debt via his insurance. The insurer must be informed by simple registered letter with acknowledgment of receipt.

The VGE “Seriously Damaged Vehicles” procedure aims to temporarily remove from circulation damaged vehicles which present an immediate danger to road safety.

This procedure is triggered either by the police, who immobilize the vehicle and withdraw the registration certificate, or by a vehicle expert, who is called upon to assess the vehicle.

In this case, the Expert, noting the existence of a deficiency affecting the vehicle following a traffic accident (collision with or without a third party, impact while parked, etc.), informs the competent administrative authority which suspends the driving authorization and registers an opposition to the transfer of the registration certificate (prohibition on giving or selling the vehicle).

The VGE procedure applies only to private cars (VP), vans (CTTE) and trailers weighing more than 500 kg and less than 3.5T (REM) subject to registration in France and attached to these vehicles. As the texts currently stand, classic vehicles are also affected by the procedure.

A vehicle is considered dangerous when the expert finds that one of the following elements has significant deformation following a traffic accident.

The bodyshop (CA3) : between the anchoring zones of the ground connection elements: side members, floor, wheel arches, chassis, cross members

Steering (DI3) : column, rack or pinion, tie rods and linkage

Ground connections (LS3) : subframe, suspension elements, axles and rims

Personal safety elements (SP4) : belts, airbags, control boxes

To lift the driving ban, the Expert must ensure that the vehicle is repaired in accordance with best practice and that the deficiencies detected during the assessment meet normal safety conditions.

The Expert examines the vehicle at all stages of the repair and checks all safety elements.

Once the compliance report has been validated by the Expert, the driving ban is lifted by the prefecture and the holder of the registration certificate is once again authorized to drive his vehicle.

Following the lifting of the procedure within the prefecture, the expert has an obligation to provide information to the customer and the repairer.

A loan vehicle service is automatic according to agreement with your repairer.

However, the vast majority of partner repairers have a fleet of courtesy vehicles assigned to their customers. You just need to specify this when making an appointment and the repairer will do everything possible to provide you with a vehicle.

In addition, be aware that most insurers include coverage for vehicle rental in their contracts. In this case, check the specific conditions of your contract or contact your insurer directly to confirm.

If you call on your insurer to cover the cost of repairs to your vehicle, and you have made an amicable report, you must report it within 5 days of the accident, initially by telephone and then by mail (preferably with acknowledgment of receipt). This period is reduced to 2 days in the event of theft of your vehicle and 10 days in the event of a natural disaster.

A deductible is the portion of the damage that remains the responsibility of the insured in the event of a claim. The deductible is contractually provided for in the specific or general conditions of your insurance contract. It is most often expressed either as a percentage of the amount of the claim or as a fixed amount.

Here is the list of the different franchises:

ABSOLUTE DEDUCTIBLE (MOST COMMON)

The amount of the auto deductible (fixed) is deducted from the compensation paid by your insurer.

SIMPLE OR RELATIVE FRANCHISE

If the damage is less than the excess amount: Your insurer will not reimburse you anything.
If they are higher: Your insurer covers all the costs of the claim (it does not deduct the excess).

PROPORTIONAL FRANCHISE

Corresponds to a percentage entered in the contract of the amount of damages entered in the contract (with a minimum and a maximum).

DEDUCTIBLE IN DAYS

Indicates the number of days beyond which the insurance applies.

MILEAGE ALLOWANCE

Indicates a perimeter (km) around the usual parking of your car and beyond which the assistance guarantee is activated.

Unless there is a contractual exception, you will be exempt from paying the excess if you are not 100% liable in a claim involving an identifiable “third party” and therefore the appeal will be made.

However, even if you are not responsible, you may be required to advance the deductible if:

• The person in charge is a foreign national
• The person in charge does not hold insurance that is a signatory to the IRSA agreement
• Your report is not signed by the opponent
• Your opponent is uninsured or under the influence of illicit substances

As a result, your insurer is taking action against the opposing insurer to obtain your compensation. You are fully insured, so during the procedure your insurer will activate your own damage guarantee, with your contractual excess.

Depending on the outcome of the appeal, the costs that were not covered by your contractual guarantees will be reimbursed to you (including the excess).

CIVIL LIABILITY (DAMAGES CAUSED TO OTHERS)

The contract sometimes includes a deductible which the insured must pay to their insurer (not enforceable against victims).

COLLISION DAMAGE

Deductible according to your share of responsibility and up to what is provided for in your contract.

DRIVER DAMAGE

There are often two types of deductibles, day deductible and percentage deductible.

DAMAGE FROM ALL ACCIDENTS, VANDALISM

Self-contractual deductible, the amount of which is set out in the contract.

DAMAGE FROM FORCES OF NATURE

Usually no deductible.

THEFT (VEHICLE, CONTENTS...)

The auto deductible may vary depending on the nature of the event.

NATURAL DISASTERS

Deductible set by ministerial decree.

BROKEN GLASS

Repair: no deductible in general.

Replacement: often a deductible.

STORM, FIRE, TERRORISM

Contractual deductible, the amount of which is set out in the contract.

LEGAL PROTECTION

Sets a minimum threshold for the amount of the dispute below which the insurance does not intervene.

ASSISTANCE

Mileage allowance in the event of a breakdown (but not in the event of an accident).

This is a Direct Compensation Agreement for the Insured and Recourse between car insurance companies. Signed by most insurance companies in France, it is intended to facilitate the settlement of material damage in the event of a traffic accident.

Over time, the value of the automobile you own depreciates, depending on its mileage, age and usage.

Obsolescence is the reduction applied to an element subject to wear and tear, which does not last the life of the car. Obsolescence will then be calculated according to the age of the vehicle and the mileage traveled, in particular on: tires, brake discs and pads, clutches, belts and exhaust pipes, etc.

For example : If the front right tire was punctured in an accident and had 30% wear (so it still has 70% of its usability), then the expert will apply 30% of the depreciation to the price of the tire. 70% will be covered by the insurance company, so the 30% will remain the responsibility of the insured.