Potential impact of the new nomenclature recommended by the Dintilhac Commission
Members of the APREF decided to actualis st the "plug serious bodily " ( corresponding to an IAP greater than 50% or an IAP greater than 30% coupled with a need for human assistance) according to the new nomenclature Dinthilac , in order to obtain better information , more transparency and of comparability and safety in provisioning.
The 'APREF has appreciated the work done by the Commission chaired by J . P . Dintilhac (president of the 2nd civil chamber of the Court of Cassation). A fter an in-depth analysis of the nomenclature proposal recommended by this Commission, there nevertheless appears an almost certain risk of additional inflation of serious bodily injury.
Indeed, the nomenclature validates a case law which has continued over time to increase the number of items of damage and continues to develop by creating new items of damage without making the list of compensable damage established exhaustive.
The 'APREF has identified more precisely certain positions defined by the working group as likely to be a source of inflation:
The Third Person : absence of a typology of the different types of aid concerning the heaviest and most inflationary item .
The i coincidence Professional : adds in the nomenclature for loss of future professional earnings and covers "Impact devices" that do not take no account of the geographical context or past performance of the victim.
Vehicle and accommodation adaptation costs : also concerned since the C ommission retains the possibility of adapting several vehicles. It is the same for the arrangement of the place of residence.
Temporary aesthetic damage : defined as reserved for cases of severe burns or trauma to the face. But it is likely that in very serious cases (eg presentation of the victim in a wheelchair), this position is generalized.
'Exceptional Permanent Damages' : the position is not clearly defined for 'atypical injuries' and risks becoming a 'catch-all' position systematically retained in serious bodily cases , which always have atypical aspects ( all projects defined life for severely affected victims are by definition of on - measure ) .
L is implementation of the new nomenclature has also another risk , increased damage positions for folders called "median " , or to the disability rating from 20% to 50% with assistance aid human.
Moreover, the e development of new damage positions and / or inflation former positions may lead to mechanically rising costs sinist res reinsurance of Median records by crossing reinsurance thresholds and therefore the faceoff reinsurance treaties.
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