Wide interpretation of the concept of accident in French law

French law – liability – road traffic accident: A new example of the wide interpretation of the concept of “accident” under French law - Cour de cassation, 2nd Civil Chamber, 24.10.2019 (no. 18-20.910)
 
It is widely known that French law on road traffic accident compensation (Loi Badinter) is generous in terms of liability. Here is another example of an incident that has been construed as “accident” under Loi Badinter by the French Cour de Cassation, therefore allowing the victim to make a claim for damages:
 
The driver of a car (C) stopped on the verge of the road to help a motorcyclist who had fallen. C attempted to lift the motorbike from its position on the road and injured himself in doing so. He made a claim for damages against the insurer of the motorbike. His claim was rejected by the insurer considering that this was not an unexpected and unforeseeable incident but the result of an intentional act, which was confirmed in first instance and appeal.
 
However, the Cour de Cassation overturned the decision and judged that getting injured when lifting a motorbike was indeed a road traffic accident under Loi Badinter and that the victim was entitled to compensation.
 
This decision is consistent with previous case law and confirms that, to be excluded from the benefit of Loi Badinter, the non-driver victim must have intentionally sought the damage itself, not only committed an act which led to a damage he did not wish to happen.