Snow-ice: in the event of an accident, your insurance may refuse to compensate you
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Of the freezing rain and snow are expected in the north of France this Wednesday and Thursday. In the early morning, the weather caused several minor material accidents, particularly in Meurthe-et-Moselle. Remember that it is mandatory to have taken out car insurance.
In the event of an accident, compensation will mainly depend on two criteria: the driver’s share of responsibility and the car insurance plan chosen. Example: a motorist insured with a third party is the victim of an accident caused by another person: he will not pay repair costs. On the other hand, if he is the cause of the accident, his insurance will be able to compensate for the damage caused to others but not his own, unless he has subscribed to a specific guarantee.
To avoid any disappointment, it is best to opt for comprehensive insurance. Every accident is different and requires careful consideration. However, if a driver’s liability is proven, he will have to pay an excess and will probably suffer a penalty (an increase in the price of insurance).
There is one exception. If snowfall is very heavy and a state of natural disaster is declared, the insurance will be able to cover the damage… only if the “natural disaster” guarantee has been activated. It is possible to negotiate with your insurer by proving the seriousness of the weather episode, supporting photos and press articles, informs the specialized site Hyperassure.
Snow tires compulsory in certain departments
Please note, if you drive on a road closed to traffic due to bad weather, your insurer may refuse any compensation. Proof that you were traveling above the authorized speed or that you did not have special equipment may work against you. THE snow tires and chains required on certain roads in 34 departments, although a “tolerance” will be granted by the government in 2024, can be prohibitive. The list of departments concerned is available on the Road Safety website.
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Regarding breakdown assistance, you may be refused if you have abandoned your vehicle in the middle of a snowy road (the insurance considers that this is neither a breakdown nor an accident) and if the weather conditions make the intervention risky.
What if I slip on a sidewalk?
With the slippery sidewalks, an accident can quickly happen. The law obliges the municipality to ensure “convenience of passage in the streets, quays, squares and public roads”. On the other hand, the mayor can decide by decree that local residents must themselves clear the snow or salt the sidewalk in front of their home. The decree must be available for consultation at the town hall and a sign may indicate it in the streets concerned. “In the event of an accident, the victim (passerby, co-owner, etc.) can hold the municipality liable by going to court,” we can read on the site service-public.fr. This non-compliance may be punished by a fine of 38 euros.
If you slip on a sidewalk that has not been salted in front of its owner’s accommodation, your insurance may engage the liability of the latter or of the co-ownership trustee if it is a building, specifies GMF insurance. In the absence of an order, the victim can turn against the town hall.
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