Badly maintained roads in France - can you get compensation if your car is damaged?
The process depends on the circumstances that caused the damage
Compensation may be possible if you can prove that an incident was caused by poor maintenance of the road
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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.
