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Car crashes in France and the Constat amiable

 More Information brought to you by FPS to help in your French Property Sale and Purchase.

After the trauma of a car crash, the French calm their nerves with a soothing bit of form filling. If you happen to collide with anyone or they with you, you must together complete the friendly-sounding constat amiable. Here's how to do it even if you don't think your French is quite up to it.

If you have a road accident, the first thing is to try and remove your car from the highway. If there are any injuries, call the police (17) and SAMU (emergency ambulance service - 15).
Keep a couple of blank constats in your vehicle - ask your insurer for them. The constat amiable is used to declare an accident involving one or more other drivers to your insurance agent and to settle which of the parties is responsible.

Normally, a single form is used between the two drivers. In the event of a multiple pile-up, you will need to fill in a constat with each driver involved. There are two copies to a constat, one for each driver. If the other driver refuses to fill in the constat, you should note their number plate and file a complaint with the police.

Take time to fill it in carefully because once you have signed it you cannot alter it. You can, later, use the reverse of the form to give more detail, but you cannot retract what you have put on the front of the form. You have five days, during which you can seek any translation help you might need, to get the form to your insurer.

Be as accurate and detailed as you can as to the road markings, drivers' signals and exact postion of each vehicle and of the damage. If the other driver failed to observe any road signs or markings, it is important to say so. Don't forget to state clearly if your car was projected onto the one in front ("véhicule propulsé par un autre").

If there were any witnesses (other than passengers), enter their details in section 5 and also note where they were at the time on the sketch.

To make sure any damage which isn't obvious doesn't get ruled out, add the phrase "dégâts sous réserve" in section 11 - the loss adjuster (expert) appointed by the insurer to assess the damage may uncover other damage.

Use section 14 (observations) to underline key points. If you disagree with the other driver's version, you can add the phrase "désaccord entre conducteurs" (although in a serious disagreement you could fill in separate forms). If you can't express a key point in French it's better to add it in English it than to leave it out.

Check that the details entered by the other driver are the same as those appearing on their driver's licence and insurance certificate and make sure you both sign the constat. Send the constat to your insurer within five days of the accident.

Filling in the sections
The date and time of the accident. Use 24-hour notation eg 17h30, not 5.30pm

2 The place where the accident happened and whether in a builtup area or outside town, in a private or public carpark, Include street names.

If anyone is injured, even slightly, mark this box and enter their details on the back of the constat.

Mark the "oui" box in the lefthand side if more than two vehicles are involved, and in the right if there is any damage to other property, shop windows, fencing, lampposts etc or to goods being carried.

Fill in the full names and addresses of any witnesses and state any family or professional relationship with the driver(s).

6 (Insurance policy holder) Fill in the details as they appear on the insurance policy of the vehicle: surname, first name, address and phone number or email.

7 The make and type of your car, its number plate and country of registration. The right hand box refers to a trailer or caravan.

The name of your insurance firm, your policy and green card number, and its period of validity (from and to -"du" and "au") and the details of your insurance agent. If the damage to your vehicle is covered by the policy mark "oui", if not mark "non".

(Driver) Fill in your details: surname, first name, date of birth, address, telephone and/or email, driver's licence number, category (B is the normal car driver's licence); and end dates of the validity of the licence. Check that the other driver has filled these details in correctly and legibly on his side of the constat.

10 Put a cross or arrow where the vehicle was hit first. Be as accurate as possible.

11 List all the damage, even the most trivial, adding "Réserves sur les dégâts non apparents" to cover damage which may appear later in the inspection.

12 Circumstances: the central part of the form giving different scenarios leading to the accident - see translations of each box on the form. Where the statement applies, the box on the appropriate side should be marked with a cross. If you disagree with the other driver in any detail, make a note of it in section 14 (Observations)

13 Make a detailed sketch as clearly as you can, showing the cars, roads, central white markings, lanes and other road markings, sign posts, traffic lights etc, noting the colour of the lights at the time, position of witnesses.

14 Use this space to mention anything important which hasn't been covered elsewhere in the constat, including disagreement with the other driver(s) or that your car was shunted by another car in a pile-up for example.

15 Read through the constat again carefully before signing it - and making it an official statement which you will not be able to change later. Check that the other driver's details are complete, too. Both drivers should sign it. This shared statement will speed up any insurance claims for which one or both of you may be entitled.