For better compensation for serious bodily injuries in France
Compensation for bodily injury both in Motor Civil Liability and in other branches of insurance (Civil Liability, Life Accidents, Accidents at Work, etc.) is a strong and topical subject: reforms underway after multiple groups reflections steered by the Ministry of Justice, desire for better management of the victim's situation, mobilization of the various players, in particular insurers within the Association Française des Assureurs (AFA).
Reinsurers note with concern much higher inflation on the French market than in other economically comparable countries in Europe. They are also the most affected by these developments, since they are in fact in a paradoxical and inextricable situation, that of the final payer with little or no influence on the level and monitoring of compensation.
Reinsurance bears the bulk of the financing of serious claims indemnifications and suffers from the drift of the system.
In light of this observation, APREF wishes to give the point of view of reinsurers, complementary to that of the AFA White Paper, but in a different register, with technical analyzes and proposals (compensation, victim file, rentes) centered on the Automobile. This analysis is supplemented by reflections on the urgent and essential evolution of our compensation system.
AFA White Paper
After long discussions, the AFA released in April 2008 a White Paper which constitutes a very complete catalog of measures, a summary of everything that has been discussed in the market in recent years and goes in the right direction (equity, monitoring victims, simplification of compensation, etc.), because on the one hand they propose measures to rationalize the terms of compensation (benchmark), on the other hand they align with good practices in terms of monitoring victims .
Sharing the expectations of insurers in terms of the socio-economic treatment of serious bodily injury, APREF in particular associates itself with their desire to limit the spatio-temporal disparities in compensation and wish for better visibility allowing real economic anticipation.
Reinsurers have participated in and support the AFA White Paper initiative for fair compensation and support for victims of personal injury. The profession considers that the recorded high inflation rules out any model of predictability within the framework of a heterogeneous judicial system.
This reflection has already enabled some progress: thus the publication of the 2 decrees mentioned in the letter of Mrs. R. Dati (May 7, 2008) in response to the White Paper should make it possible to improve the legal security of compensation. However, it will be important to develop a regulatory instrument between the case-law base and the benchmark with indicative value, instruments recommended by the Ministry of Justice. Otherwise, there would be no framework for our system which will continue to experience inflation well above any reasonable economic criterion and could have a contagion effect on other compensation systems.
However, the vision of reinsurers is on the one hand that the White Paper targets all tangible persons regardless of their size (serious claims are mainly addressed in the second section), on the other hand that it does not economic analysis on the deviation of serious bodily injury and its intrinsic causes as well as on the compensation chain and the role of reinsurance.
The White Paper does not go specifically in the direction of transactions or collective projects with regard to the monitoring of victims, which would be two major axes of cultural change on the subject: changing the way of taking into account the needs of victims. and promote best practices in terms of victim monitoring. There is probably a divergence in the market between insurers who consider that it is not a competitive sector (treatment of victims and not of clients) and are ready for discussions of place within a framework of general improvement. monitoring and those who consider that this is part of the competitive landscape or that they find there a competitive advantage (services, image, etc.).
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