When you have been the victim of a road accident, whether you are the driver of a car, motorbike, bicycle, scooter, or scooter, whether you are a pedestrian who has been knocked down or the passenger transported from a car or a two-wheeler, you will most certainly ask yourself the question of whether or not you should file a complaint.
1) Filing a criminal complaint: what is it?
When you file a complaint, it gives you an opportunity to tell the court that someone else committed an offense against you. Pursuing the complaint can lead to a criminal charge against the driver of the other car.
The victim will then be able to bring a civil action if he wishes to obtain compensation for his bodily, economic, or material damage.
2) Who can file a complaint?
Anyone, even a minor, who believes they have been the victim of an offense relating to a traffic accident can file a complaint.
3) What is the point of filing a complaint following a road accident?
For the victim of a road accident, the interest in filing a complaint is multiple:
Initiate an investigation to determine the precise circumstances of the car accident and establish the responsibilities involved. Depending on the circumstances, the investigation may prove essential because it will make it possible to determine the responsibilities of each party and, consequently, the victim's right to compensation. Indeed, it is not uncommon for insurance companies to wait for the conclusions of the investigation report to trigger the compensation process. This is particularly (and often) the case when the victim had the status of the driver and is accused of a driving fault.
Penalize the person responsible for the road accident.
Obtain judicial recognition of victim status.
Obtain compensation for damages suffered by filing a civil action.
Be careful, however, the criminal route is not necessarily the most appropriate way to seek compensation for damages.
Get in touch with a victims' lawyer who will determine, with you, the procedural strategy to adopt.
4) Against whom to lodge a complaint?
The complaint can be lodged against any person, natural or legal (a company, an association, etc.). It is therefore very important that the victim of a traffic accident records, if possible, all the evidence concerning the driver responsible for the bodily accident (license plate, identity, insurance, etc.).
If the victim does not know the perpetrator (in the event of a hit-and-run, for example), she must “ file a complaint against X” to obtain compensation for her damages.
It should be remembered that compensation for bodily injury or material damage suffered by victims of traffic accidents (or by their dependents), caused by the drivers of a motorized land vehicle (car, motorcycle, cyclo, etc.) insured or unknown (drivers who fled) is insured by the Guarantee Fund for Compulsory Damage Insurance (FGAO).
5) What is the time limit for filing a criminal complaint?
The victim of a road accident has certain time limits to lodge a complaint.
Once these deadlines have expired, his complaint will not be successful.
These deadlines (called limitation periods) are, except in special circumstances, as follows:
1 year for fines;
6 years for misdemeanors;
20 years for the crimes.
In principle, the period runs from the day on which the offense was committed. In practice, it is advisable to file a complaint as soon as possible.
6) Where to lodge a complaint?
Following a car accident, it is necessary to file a complaint with either the police or gendarmerie service. In the case of serious injuries, the police can come and take your complaints right away to the hospital.
It is also possible to address your complaint directly to the Public Prosecutor (it is strongly advised to do so by registered letter with acknowledgment of receipt).
7) Can the police refuse to take a complaint?
The answer is no.
The police must collect complaints and forward them to the Public Prosecutor's Office, which alone is competent to rule on the appropriateness of prosecution.
Indeed, article 15-3 paragraph 1 of the Code of Criminal Procedure provides that:
“Police officers and officers of the court are responsible for reporting criminal behavior, such as violent crimes and other incidents covered by criminal law, on the basis of what has been reported by the victim. If necessary, the complaint is forwarded to the territory-specific service or unit.”
As a result, law enforcement cannot refuse to take your complaint.
In practice, however, this often happens, in particular, because of the limited material and human resources at their disposal to manage an ever-increasing volume of offenses. It will then be advisable to politely insist and remind them of the provisions of the article quoted above.
If the police persist in their refusal, you can file your complaint directly with the Public Prosecutor. In case of difficulty, however, it is preferable to contact a victim's lawyer without delay.
8) What happens after I file a complaint?
Once informed of your complaint, the Public Prosecutor's Office will decide whether or not to prosecute the driver responsible for the road accident of which you were the victim and have him appear before the competent court.
The Public Prosecutor has the right to take legal action against an accident's author, even if there has been no complaint from the victim. The Public Prosecutor can decide to prosecute the author of the car accident or to close the case without further action.
Whatever the decision of the Public Prosecutor, the assistance of a lawyer intervening in compensation for bodily injury is strongly recommended.
8.1) The Prosecutor decides to prosecute the author of the road accident
The Public Prosecutor's Office can decide to prosecute the author of the car accident and has several procedures to do so (criminal composition, appearance on prior admission of guilt, summons before the Criminal Court, etc.).
He will choose the nature of the procedure according to several criteria: the seriousness of the victim's injuries, the circumstances of the road accident, the "liabilities" of the driver responsible, etc.
If the Public Prosecutor decides to prosecute the perpetrator of the offense, he must inform the victim by sending him a "notice to the victim" which will specify in particular the place, the day, and the time of the criminal hearing. and will invite him to become a civil party.
Finally, for the most serious cases, the Public Prosecutor may decide to open a judicial investigation with the appointment of an investigating judge.
8.2) The Prosecutor decides to close the complaint without further action
The Prosecutor may decide to close the case without further action for multiple reasons (insufficiently characterized offense, unidentified perpetrator, etc.).
Given the backlog of the courts, in particular criminal ones, it is not uncommon for the Public Prosecutor's Office to decide to close the complaint without further action, even when the offense is characterized and the perpetrator is identified.
In the majority of cases, this does not affect the victim's right to compensation, but this decision is frustrating for them, as it deprives them of a criminal trial.
If the Public Prosecutor decides to dismiss the victim's complaint without further action, he must inform him of this and send him a "dismissal notice".
In these circumstances, however, the victim of a road accident has the legal means to challenge this decision to classify without further action (appeal to the Public Prosecutor, direct summons from the author of the accident before the competent court, or even the filing of a complaint with the constitution of a civil party).
9) Should I hire a lawyer following my filing of a complaint?
Whatever the type of procedure that will be initiated, the victim of a car accident will be invited to become a civil party to, in particular, seek compensation for his damages.
Finally, it should be noted that apart from criminal proceedings (in the absence of a complaint filed by the victim of a road accident or proceedings initiated by the Public Prosecutor), it is always possible for him to seek compensation for its damages by means of a civil procedure, before the judicial court with territorial jurisdiction.
Faced with the complexity of the procedures and the often significant compensation issues, it is strongly advised to contact a lawyer involved in compensation for bodily injury.
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