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Practical Guide
I am being reproached for having contributed to the accident
The art. 44 CO allows the judge to reduce or eliminate the indemnity owed by the liable party when the victim itself contributed to the damage (concurrent fault). In the matter of LCR, art. 59 para. 2 allows reduction when the victim has committed a fault. Typical examples: absence of seat belt…
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Applicable law articles
Critical Deadlines
- Documentation of the circumstances — immediate
- Exchange with the liability insurer — in the 60 days following the insurer's proposal (CO 43 / CO 44 / LCR 59)
- Negotiation period — 60 to 90 days
- Civil liability action in court — 3 years as soon as knowledge of the damage and the perpetrator (CO 60) (CO 41 / CO 60 / LCR 65)
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