Can a foreign national be compensated for a road accident in France?

Can a foreign national be compensated for a road accident in France?

A foreign national will be compensated for an accident suffered in France

When a foreigner is the victim of a road traffic accident in France, the rules governing compensation depend mainly on the location of the accident, the insurance of the vehicle involved and the status of the victim (pedestrian, passenger, driver). This article looks at the case where the accident involved another vehicle insured in France.

1. The legal framework: the Badinter Act of 5 July 1985

Compensation for victims of road traffic accidents is governed primarily by Law no. 85-677 of 5 July 1985, known as the "Badinter Law", relating to compensation for victims of road traffic accidents and the acceleration of procedures.

This law applies regardless of the victim's nationality or place of residence. Any accident on French territory involving a land motor vehicle entitles the victim to compensation, whether French or foreign.

2. The right to compensation for a foreigner in France

a) If the victim is not a driver (pedestrian, cyclist, passenger)

Article 3 of the Badinter Act is clear:

‘Victims, with the exception of drivers of land motor vehicles, shall be compensated for damages resulting from harm to their person that they have suffered, without their own fault being able to be invoked against them, unless it is inexcusable and was the sole cause of the accident.’

✅ A foreigner who is a pedestrian or a passenger will therefore be compensated as of right, unless he or she is at fault through no fault of his or her own.

b) If the victim is the driver of a vehicle

In this case, the right to compensation is partial or total, depending on the extent of responsibility for the accident. The fault of the foreign driver may reduce or exclude his/her right to compensation.

3. In the event of an unidentified driver or an uninsured vehicle

If the vehicle responsible is uninsured or unknown, the foreign victim may apply to the Fonds de Garantie des Assurances Obligatoires de dommages (FGAO).

In accordance with article L. 421-1 of the Insurance Code:

‘The guarantee fund intervenes to compensate victims of road traffic accidents caused by land motor vehicles when no insurance can be mobilised.’

4. Compensation for harm suffered

A foreign national who is a victim may obtain compensation for:

♦Bodily injury (treatment, after-effects, disability, etc.)

♦moral prejudice

♦Material damage (vehicle, personal belongings)

♦Professional injury (loss of income, loss of future earnings, etc.)

♦The principles of the Dintilhac nomenclature are used to assess the injury items.

5. Procedure and recourse

The foreign national victim may:

♦Accept the insurer's offer

♦ contest the insurer's offer and bring the case before a French court with jurisdiction over the place where the accident occurred.

Insurers' offers are generally very low compared to the sums obtained in court.

6. It is essential to be assisted by a specialist lawyer

This is a complex matter. Your lawyer will define your rights, set in motion the medical expertise procedure to assess your after-effects, liaise with the insurance company and refer the matter to the competent court if necessary.

Conclusion

A foreigner who is the victim of a road traffic accident in France involving a vehicle insured in France has the same rights to compensation as a French citizen, subject to the rules laid down by the Badinter Act. Nationality is not an obstacle: it is the location of the accident and the involvement of a motor vehicle that trigger the protective regime provided by French law.

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Le 26 juin  2025

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