Compensation in Traffic Accidents: An Offer Made Through Submissions Interrupts the Statutory Deadline

The Court of Cassation clarifies that a compensation offer made through legal submissions interrupts the 8-month deadline, even without explicit reference to Article L. 211-9.


In a judgment dated January 23, 2025 the Court of Cassation clarified the conditions under which the eight-month period set by Article L. 211-9 of the French Insurance Code is interrupted in the event of a traffic accident.

The victim of a car accident sought compensation for his damages. Although the insurer did not explicitly mention Article L. 211-9 of the French Insurance Code, it made an offer of compensation to the victim. The question arose as to whether such an offer, not formally qualified, could interrupt the statutory deadline.

The Court of Cassation ruled that an offer made through legal submissions, even without explicit reference to Article L. 211-9, is sufficient to interrupt the eight-month period. The Court thus dismissed the insured's appeal, confirming that the formal qualification of the offer is not necessary to produce this interruptive effect.

Cass., Civ 2., 23 January 2025, n°22-23.015