Problem with person "en tort" signing 'constat d'accident'

[Sunday Driver]

If you car was parked properly, then the other vehicle hit it when it shouldn't have.  The fact that the road was icy has no bearing on the accident report and is no defence under the code de la route.

"Sorry, your Honour - it was the black ice wot caused me to crash into that bus queue full of of nuns with prams..."  [;-)] 

 

[Ron Avery]

"So can you fill in 2 CA's, one in French which presumably the other party, if French, will have, and one in English"

.There is only one constat completed at an accident Ernie.  If you don't understand it you don't sign it or you fill it in English.  Only the front pages which are carbon copied are filled in and signed at the time.

However, as you have one you will know that most of it is boxes and diagrams and if your French is that bad that you cannot understand what is required to be entered in the boxes on the front page then carry an English language version as all language versions follow exactly the same format so you will know what is wanted in each box.

[Bugsy]

[quote user="Ron Avery"]

Gary

Surely if you skid ie lose control of your vehicle and hit another car that is parked then that is your fault, nobody else's.  I accept that black ice etc diesel spills etc can occur without warning and you could be driving/riding at a speed you believe to be conducive with the prevailing conditions and still skid but whose fault is it if you lose control?  Certainly not the owner of the parked car.  If you had the accident you described who do you think is to blame if there was black ice?

[/quote]

Of course the owner of the parked vehicle cannot be held responsible, I didn't say anything otherwise. The point I was making was in response to Daves point about irrelevance. Black ice - Diesel on wet roads(I always spell that wrong first go [:)]) etc cannot be irrelevant, that was all I am trying to say.

I do understand also about the 'constat aimable' but after the event when the insurance companies get involved, it is 'de riguer' for all 'relevant information to be forthcoming. Is it not.

[Sunday Driver]

[quote user="ErnieY"]

So can you fill in 2 CA's, one in French which presumably the other party, if French, will have, and one in English.

Obviously if one's French isn't up to fully understanding what has been written you're possibly at a significant disadvantage.

By filling in an English one too you at least level the playing field a little. Would the other driver be obliged to sign it ?

Incidentally, I have a few spare copies of English CA's if anyone want's one in return for a stamped addressed envelope. PM me.

The only caveat is that I will only give them to people with legallly registered cars so "wrigglers" please do not bother asking. If you're not legal and have a prang you're in bigger trouble than an English CA can possibly get you out of anyway [:D]

[/quote]

Ernie

You are only required to complete one constat amiable in the event of an accident in France - that's the one in French.  If you were hit by a visiting Bulgarian driver, would you sign his constat in Bulgarian?  By insisting on completing a constat in a foreign language, you are assuming that the insurance administrators understand that language. 

If anyone's French isn't up to understanding the terms used in this simple form, then I really give up.......[:(]

 

[Bugsy]

[quote user="Sunday Driver"]

If anyone's French isn't up to understanding the terms used in this simple form, then I really give up.......[:(]

[/quote]

All british visitors are issued with an english 'European Accident Statement'. The form was designed so that nationality is irrelevant, you simply follow the form in the language you understand filling in the boxes as appropriate.

As SD says though, anyone living here really does have an obligation to learn how to complete a Constat Aimiable.

[Ron Avery]

SD you are assuming residents here and them hitting only French cars.  The summer tourists who are equally required to complete a constat might struggle, as one who speaks French might also struggle faced with a Spanish or Portugese form for the first time.  I did the first time I had a prang in France with a Spanish lorry after skidding on diesel and hitting the centre reservation and getting smacked from behind by the lorry which kindly parked me on the hard shoulder of the A6 outside Paris.  Fortunately I had an English version of the form with my green card (and was not hurt [:)] and I was able to complete the boxes, much to the surprise of those who saw the accident[:D].

The advice from the UK motoring organisations is to complete the form in English, but as you rightly say its not difficult to understand is it?  My advice is not to fill it in whilst shaken after an accident and if you are not happy with what has been entered, particularly watch which boxes have been checked, do not sign it. You don't have to, all you have to provide is the details of license, address and insurer.

[hoverfrog]

"the constat is not about apportioning blame"

- but be aware that it can do, and the wording is very important.

According to AGF all collisions on 'petite routes' are 50/50. In my daughter's accident the way the constat was worded (and they do pay attention to the poorly drawn diagram too) meant that she was apportioned 100% of the blame when in reality she was stationary when the other car hit her, as she slammed on the brakes but the other car didn't.

Understanding the form isn't hard, but only having a miniscule box to write what happened in - especially when written french is not your forté, and being threatened with "sign or we call the gendarmes" can mean you end up in sh1t street!

Big lessons learnt - particularly to take your time, not be intimidated, and to know your rights!

[AnOther]

Ron beat me to it making the point about visitors.

My question was meant in general and was not a statement that I couldn't understand the form. Understanding what someone has written on it in French might be a different challenge.

As I see it then if I'm ever unfortunate enough to find myself filling one in then I can complete my side in English but only sign it if I fully understand and accept what has been written by the other party. I wonder if said other party would be as willing to sign something he/she doesn't understand, a case for calling the Gendarmes oneself perhaps ?

Incidentally, the reason I have some English forms is that on differing occasions in UK a request for the form has been met either with "Whats one of those" or "don't know where you get one" so the claim that ones UK insurance company should/will supply one falls short of fact. I now carry one of THESE in the car along with the French CA supplied by my French insurer.

Off topic, when hiring vehicles both in UK and France, if it's dark when I pick them up I always write on the form "Unseen due to darkness". I doubt it has any legal standing but it's at least a point in your favour if a dispute does later arise over alleged damage.