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 Post subject: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 5:08 pm 
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Location: The Republic of Limousin
There is no legal obligation to keep an accident statement (Constat Amiable) in your car, or to fill it out after an accident.
In practice, everyone (erm, almost everyone) carries a constat in the glove compartment, ready for the day when some cretin drives into your treasured set of wheels. The said cretin usually twigs that you’re a furrriner and tries to twist the facts. Don’t sign a constat at the scene if you don’t agree with all details – you have absolutely no obligation to do this, whatever your well-intentioned neighbor tells you.

You are obliged to exchange details with anyone else involved in a non-personal-injury accident, and to inform the police/gendarmerie in an accident causing injury or death (tel: 17). However, common sense demands that SAMU (15) should be called first.

You are also obliged to inform your insurance company within a reasonable time of the accident.

A good English translation of the Constat Amiable can be found here – you might find a home for this one in your glove compartment with the French version (translation from Generali site).

http://www.french-insurance.com/docs/accident%20damage%20form.pdf

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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 5:23 pm 
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Location: Alpes-Maritimes
Great information MAD, that would be a great post in the do's and dont's of living in France.

If you agree I'll move it there.


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 5:25 pm 
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I think it should also go as a sticky in this section (Vehicle Ownership in France)


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 5:28 pm 
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Location: Alpes-Maritimes
Sounds good.


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 5:37 pm 
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Location: south west brittany
Thanks Mad, excellent :-bd

I have a question about an accident with an animal. There is a large dog that has taken to standing in the middle of a main road, often just around a corner on a remote part of the road. It's been there a few times in the last couple of weeks. I wondered are there any laws if, heaven forbid, I knocked it over and killed it ? I would obviously try to find an owner but should it be reported officially?

clare


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 5:56 pm 
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If the dog has got out and causes an accident, it will be the owner's responsibility, not yours. Ideally the owner would be covered by some sort of third party insurance.
It's worth asking around to see if you can find out who the owner is. Otherwise, you need to make a good description of the dog - even a photo if you can get that close - and report it. It might be worth asking at your Mairie in case someone else has already mentioned it there.


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 6:04 pm 
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I think you have to report dog road kill. I'm sure somebody will know.


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 6:19 pm 
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I don't think the law is the same here, Dave (although I'm willing to be corrected).

First off, the Code de la Route says that you shouldn't sound the horn (as dawg behaviour is unpredictable), but rather slow to a halt and put your hazard warning lights on. The get out that book you've been meaning to read for months while the hound sits in the middle of the road and buffs her nails.....

Theoretically, a leadless dawg is "errant" and the owner is responsible for any damage it causes. Damage to your car (possible, if not likely) should be covered by the owner's responsabilité civile (public liability) insurance.

If you kill a dog on a lead through your fault, you will pay any resulting costs, either personally or via your insurers, depending on the level of cover (3rd party, comp).

If, by mischance or poor aim, you kill the owner attached to the other end of the lead, well....a good lawyer might help.

Remember that the franchise (excess) provisions were changed recently for damage caused by wild boar - you now have to pay the first €500 of any damage.

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I've been rich and I've been poor. Rich is better.
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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Mon Dec 13, 2010 7:57 pm 
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Location: Alpes-Maritimes
Cheers MAD. I have to admit people are great with dogs on the road and really do take care to slow down and avoid them.

Squirrels gets squished on sight.


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 Post subject: Re: Constat Amiable - road accident statement
PostPosted: Sun Oct 14, 2012 3:49 pm 
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Joined: Fri Oct 12, 2012 3:34 pm
Posts: 6
MAD87 wrote:
There is no legal obligation to keep an accident statement (Constat Amiable) in your car, or to fill it out after an accident.
In practice, everyone (erm, almost everyone) carries a constat in the glove compartment, ready for the day when some cretin drives into your treasured set of wheels. The said cretin usually twigs that you’re a furrriner and tries to twist the facts. Don’t sign a constat at the scene if you don’t agree with all details – you have absolutely no obligation to do this, whatever your well-intentioned neighbor tells you.

You are obliged to exchange details with anyone else involved in a non-personal-injury accident, and to inform the police/gendarmerie in an accident causing injury or death (tel: 17). However, common sense demands that SAMU (15) should be called first.

You are also obliged to inform your insurance company within a reasonable time of the accident.

A good English translation of the Constat Amiable can be found here – you might find a home for this one in your glove compartment with the French version (translation from Generali site).

http://www.french-insurance.com/docs/accident%20damage%20form.pdf


Thanks MAD, I think she def. took advantage and I have told insurance co. this so will post on here when I get answer. I'm a bit stubborn so may take further if i have to!


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