When driving a car in France, you should always keep a 'Car Accident Report' in the car (typically in the glove compartment). In the event of an accident, you and the other person should jointly fill out the report IMMEDIATELY. Failure to do so can result in you being held responsible for damages, or at least the other party being free of all responsibility for the acccident. In fact, even if the other party is obviously at fault and even admits to being at fault, failure to jointly complete (and sign) this report within 24 hours can result in him having no responsibility and you having to bear the costs of any damage to your vehicle and property (see Personal Experience - Car Accident in France).
Completing this report jointly does not mean that you have to agree on either the circumstances of the accident or the cause. In fact, each party can give differing opinions. The report is merely a record of each party's version of events. If you do not agree with the other party, note this on the form and give your alternative view of events.
Once the form is completed and signed by all parties, take a copy of all pages (including any additional pages added to the form). If the other party refuses to complete and sign the form, contact the police and your insurance company immediately, as otherwise the other party may become exempt from responsibility. If you are unable to do so (e.g. due to injury or shock), have someone due to for your without delay.
This form is of course in French. Unless you are fluent in French, you should also keep an English translated version in your glove compartment, so that you can see what information you are required to provide and what you are signing. An English version (which you can print off and keep in your glove compartment) is available here. Perhaps more useful is a billingual version which you can see and print off here (it takes a while to download, so don't be surprised if it looks funny at first).
Some tips for your consideration:
- Once the form is completed and signed, you cannot legally add or change the form. Furthermore, it will be difficult (or impossible) to add or change any information afterwards. So it is critical that you fill in the form as accurately and as completely as possible.
- If you do not understand what the other driver has written (either due to language or legibility considerations), note this on the form and provide your version of events.
- It is best to complete the report in French, if you are able to do so. If you use English, the other party (if he/she is French) may later claim that they did not understand what you were saying and consequently were unable to register the disagreement on the form. In essence, the more non-French you use, the more you open the door for the opposing party to change their story at a later date. However, if your French is not adequate, it is better to provide information in English than to not provide it at all.
- In the centre of the form there are 17 tick boxes. Ticking the wrong box, even if done so inadvertently, can result in you being held responsible for the accident. An explanation of the legal implications of each of these 17 items is provided here.
- If there are any witnesses (unless they are unfavourable to you), you should note their name and address in box 5. Failure to do so may result in their testimony being inadmisible.
- It is also worth keeping a camera (even a disposible one) in the glove compartment. An old-style film camera may be better than a digital camera, as the ability to easily edit digital information (as opposed to film) can make digial photos untrustworthy in court. The main issue with keeping a camera in the car is that the film (or digital camera) may degrade over time if the car becomes very hot (e.g. if left in the sun on a hot summer day).
- The form only has room for two parties. Consequently, if there are more then 2 drivers or parties involved in the accident, you will need more than one form. For this reason, it is wise to carry 2 blank copies of the form in your glove compartment.
- It is also wise to carry a pen, preferably a ballpoint pen, in the car as well. There is no point in having the form, if your are unable to complete it.
- Another useful article on what to do in the event of an accident is here.
For related articles, please click on Driving in France.
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