» Recommendations » Agreement of facts guide

RECOMMENDATIONS

It is a requirement of the road traffic act currently in force that when you are driving a vehicle you never forget to have the following items available

A valid insurance vignette affixed on your vehicle

Valid road licence affixed on your vehicle

Your driving licence

An agreed statement of facts form

An indelible yellow chalk or yellow indelible marker and

Any other equipment as required by the law such as reflective triangles,etc.

IF YOU ARE INVOLVED IN AN ACCIDENT

What you must do in all circumstances

1. Stop your vehicle immediately
2. Switch on your warning lights
3. Place the reflecting triangles at a reasonable distance from the rear of the vehicle
4. If there is any injured person ask for assistance from Police and SAMU 
5. Mark clearly the position of your vehicle wheels & the registration number with your yellow indelible marker or special chalk on the surface of the road. 
6. If your damaged vehicle is likely to cause an obstruction on the road, remove it from the road to the nearest safe place. 
7. Decide whether to fill in the Agreed Statement of Facts form or whether to report the accident to the police 

P.S DO NOT ADMIT LIABILITY

What to do when the agreed statement of facts form cannot be used ? ( in addition to what you must do in all circumstances as described above )

1. Report the accident immediately to the nearest Police Station. (You must do so within 4 hours). 
2. Record the following information accurately; the other vehicles' registration number and makes, name of the drivers/owners involved, their addresses, their telephone numbers, the insurers and policy number appearing on the vignette, names and addresses of independent witnesses. 
3. In case there are casualties either serious injuries or fatal and if there is any doubt either on the circumstances or the procedure to be followed contact our CLAIMS DEPARTMENT for further advice. Legal assistance may be provided to you if necessary. 
4. Call in person immediately to report the accident at our CLAIMS DEPARTMENT accompanied with the driver (in case the vehicle was being driven by someone else than you) bringing the driving licence of the driver, his National Identity Card, the PF 96 Police Form, the Certificate of Insurance and the Registration Book of the car (Horse Power card) or download a Claim Form or ask for a claim form which must be returned to the Claims department immediately after completion and signature with the relevant documents mentioned above.

OUR FREE ASSISTANCE SERVICES

1. 24 HOUR BREAKDOWN ASSISTANCE. 
2. FREE ACCIDENT TOWING SERVICES.

in association with AXESS

FOR YOUR PRIVATE CARS AND DOUBLE CABS INSURED COMPREHENSIVELY

1. Should your vehicle break down, our 24 HOUR BREAKDOWN ASSISTANCE SERVICE will undertake the repairs of the insured vehicle on the spot depending on the nature of the breakdown and availability of parts. The cost of parts used following a mechanical failure will be at your own expense whereas the labour charge is free. 
2. In case of accident or breakdown, towing will be effected from the place of breakdown or accident to any garage of your choice free of charge. You will also be driven to your place of residence free of charge.
   
   PROVIDED THAT THE AXESS STICKER BE AFFIXED TO YOUR WINDSCREEN.
   For the above services, please use AXESS DEPANNAGE contact numbers as indicated on the sticker
   Telephone : 729 6863 / 729 7171 

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AGREED STATEMENT OF FACTS ( CONSTAT À L'AMIABLE )

The Agreed Statement of Facts (Constat à l'Amiable) is operational as from 1st August 2004. ( Road Traffic (Amendment N°3) Act 2003 )

The main objective of this amendment is to provide for speedier compensation in cases of minor road accidents involving 2 motor vehicles.

The drivers agree on the circumstances of the road accident, jointly complete and countersign an Agreed Statement of Facts form which you should always carry in your vehicle. The form is also available at all insurance companies and in filling stations throughout the island.

Essential points when filling in the form

Each driver should fill ONE (1) part of the form which falls either under VEHICLE A or under VEHICLE B

The following sections of the forms should be carefully filled in.

ATTENDANT CIRCUMSTANCES

• Date and Time 
• Exact location of the accident 
• Collision sketch 
• Witnesses 
• Observations 
• Tick the box with the more appropriate circumstances of the accident 

1A or 1B - Vehicle details
2A or 2B - Driver's details
3A or 3B - Point of impact and damage
4A or 4B - Visible damage to your vehicle
5A or 5B - Description of accident
6A or 6B - Signature

• Agreed Statement Of Facts

WHEN THE AGREED STATEMENT OF FACTS FORM (CONSTAT A L'AMIABLE) IS USED

You do not have to agree on responsibility for the accident

• You only have to agree on the circumstances of the accident 
• The insurers will determine the respective liabilities of the drivers from the information recorded on the form.

IN ADDITION TO WHAT YOU MUST DO IN ALL CIRCUMSTANCES AS DESCRIBED ABOVE

1. Agree on the circumstances of the accident ONLY and fill in the Agreed Statement of Facts form on the spot. 
2. Ensure that all the details are recorded and ensure that each party signs the form on the appropriate side A or B. 
3. You must keep one form which must be handed over to the claims department as soon as possible and in any case not later than 5 days after the accident. 
4. Contact our Claims department immediately to report the accident and hand over your Agreed Statement of Facts form . 
5. When you report the accident the driver will be required to fill in a MOTOR VEHICLE CLAIM FORM which has to be countersigned by the owner. . 
6. The driver must produce his driving license , his National Identity Card, the Agreed Statement of Facts form and the registration book of the vehicle at the time of reporting the accident

DO NOT ADMIT LIABILITY - It is the insurers who will determine the respective liabilities of the drivers from the information recorded on the form.

CIRCUMSTANCES WHEN THE AGREED STATEMENT OF FACTS FORM ( CONSTAT A L'AMIABLE ) CANNOT BE USED

1. There is bodily injury to any person involved in the accident. 
2. There is damage to any other structure or property. 
3. The motor vehicle involved in the accident does not have a valid insurance vignette. 
4. The driver does not hold a valid driving license. 
5. The driver appears to be under the influence of alcohol or drugs. 
6. The motor vehicle is a state-owned vehicle. 
7. There are more than 2 vehicles involved. 
8. The drivers do not agree on the circumstances of the accident.

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