Who establishes the death in the event of an accident?
After an accidental death, the police force on the scene calls in a doctor to determine the death. Only the medical officer can issue the death certificate. The situation is similar for a suicide or a death on the public highway.
Check the deceased's insurance
In the event of accidental cause of death, some insurances entitle you to benefits. Check to see if the deceased had the following insurance policies:
Similarly, certain financial assets may offer a sum to be paid out after an accidental death: current account, securities account or savings account. Contact the deceased's bank to check the terms of the contracts with the deceased.
What if the death occurs at work?
In the event of death as a result of an accident at work or on the way to and from work, certain benefits may be paid to you, if the employer has taken out occupational accident insurance for his employees. After death, it is up to the employer to report the death to the insurance company.
In this situation, the insurance company may also pay part of the funeral expenses. The victim's basic pay is used as the basis for calculating this compensation. In order to assess the amount paid for the funeral, do the calculation :
(basic salary of the deceased x 30)/365
Other compensation: the costs of transporting the body of the deceased are fully covered by the insurance company.
The case of annuity and allowance
After a death at work, the insurance company pays a pension to the deceased's relatives. This includes spouses, legal cohabitants, children, parents, grandparents, brothers and sisters of the deceased. The duration of the pension varies from case to case and is calculated according to two criteria:
- The deceased's basic salary.
- The beneficiary's degree of kinship with the deceased.
Finally, a person may die as a result of a work-related accident after the review period - i.e. 3 years after the accident. In this situation, the insurance company pays a death benefit to the relatives of the deceased. The amount is calculated as a lump sum. As with the pension, its duration varies in time (limited or lifetime).
A relative gets hit by a car: what compensation?
In this case, the law then considers the accident victim as a weak user, and the vehicle involved in the accident as being entirely at fault.
In the event that the victim is hospitalized, the third party liability insurance (TPL) of the vehicle involved will indemnify all bodily injuries (medical expenses, loss of salary, third party assistance, etc.).
If the victim dies as a result of his or her injuries, the car liability insurance will also pay the funeral expenses. Depending on the policy's cover, the car liability insurance can also compensate for damage caused to the deceased's relatives (legal spouse and children).
In all cases, the person insured by the RC insurance of the vehicle involved must inform his or her insurance company of the accident. He or she sends a claim statement that specifies the facts, the witnesses of the accident and the victim's contact details.
The insurance company then takes over and contacts the victim's relatives to determine the amount of the damage caused. This amount will be fixed either amicably between the insurance company and the relatives, or in a court of law.