French Public Health Code
In forceIf the insurer remains silent or explicitly refuses to make an offer, or if the person responsible for the damage is not insured or the insurance cover provided for in article L. 1142-2 has been exhausted or has expired, the Office instituted in article L. 1142-22 is substituted for the insurer.
In this case, the provisions of article L. 1142-14, relating in particular to the offer of compensation and the payment of compensation, apply to the Office, in accordance with the procedures determined by decree of the Conseil d'Etat.
Acceptance of the Office's offer constitutes a settlement within the meaning ofarticle 2044 of the Civil Code. The liable party and, where applicable, its insurer or the fund set up under article L. 426-1 of the French Insurance Code are notified of the settlement.
The Office is subrogated, up to the amount of the sums paid, to the victim's rights against the person responsible for the damage or, where applicable, his insurer or the fund set up under article L. 426-1 of the same code. He may also obtain reimbursement of the costs of the expert assessment.
If the insurer fails to respond or explicitly refuses to make an offer, or if the party responsible for the damage is not insured, the court, acting under subrogation, may order the insurer or the party responsible to pay the Office a sum not exceeding 15% of the compensation it awards.
Where the Office settles with the victim or his heirs in application of this article, this settlement may be set up against the insurer or, where applicable, against the fund set up under the same article L. 426-1 of the Insurance Code or against the party responsible for the damage, without prejudice to the right of the latter to contest the principle of liability or the amount of the sums claimed before the court. Whatever the court's decision, the amount of compensation awarded to the victim remains his or her property.
