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THE PROCESS DEPENDS ON THE CIRCUMSTANCES THAT CAUSED THE DAMAGE Did you know that in the event of a road accident in France, you may be able to claim compensation if it is found that the
road’s managing authority has not “correctly maintained” the carriageway? This can include for a crash, flat tyre, or damage to part of your vehicle due to a problem with the road for
example a severe crack, bad pothole, or a negligent lack of signage. The road’s legal management authority is likely to be one of the following: * Municipal road: Mayor / mayor’s office
(mairie) * Departmental road: Department council * National road or public motorway: Local prefect * Concession motorway: Private company / ‘concessionaire’, e.g. Vinci Autoroutes, SANEF etc
HOW TO CLAIM COMPENSATION If you wish to claim compensation following an incident, follow these steps (Le Figaro advises): * Gather all evidence relating to the condition of the road
(witnesses, photographs, bailiff's report, police report) * Demonstrate the direct causal link between the lack of road maintenance and the accident. In its defence, the road operator
will need to show that it had taken all appropriate measures to ensure the safety of the road (e.g. following correct maintenance procedures, installing proper signage on site). The company
may also escape liability if it can prove that the victim was at fault, for example where a driver committed a traffic offence, was driving carelessly or had an issue with their vehicle
prior to the incident that directly caused the incident (which was therefore not caused by the state of the road). Read also: How to obtain advice after a car accident injury in France?
Read more: Is compensation available for people injured in public in France? COURT CASE If you are unable to reach an amicable agreement with the road authority, you must then bring the
case before the administrative court within four years of the incident. The court will then conduct further investigations and establish whether or not the managing company was responsible,
and failed to maintain the road in the “normal condition” required by law.
