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Practical Guide
Car Accident: Who is Liable and Who Pays?
Art. 58 LCR establishes an OBJECTIVE liability (without fault) of the VEHICLE HOLDER for any personal injury or material damage caused by the use of the vehicle. Liability is almost automatic: the holder can only be exonerated by proving force majeure or gross negligence of…
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Applicable Law Provisions
Critical Deadlines
- Securing and verification of facts — immediate on the premises (LCR 51)
- Notice to the liability insurance of the responsible owner — in the shortest possible time (generally 14 days) (LCR 58 / LCR 65)
- Expertise and indemnification proposal — 30 to 90 days
- Contestation: Counter-expertise or Civil Action — before limitation period (3 years) (LCR 83 / CO 60)
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