After a traffic accident in Tunisia: first steps and compensation

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Topic: Insurance

What to do right after a road accident, filling in the accident report, notifying your insurer, compensation, and when a lawyer should check the offer.

A road accident, even a minor one, can leave you shaken. Yet what you do in the first minutes and days has a big effect on your rights later, whether it is about repairing the car or being compensated for injuries. Here are the essentials. First steps at the scene Safety first: switch off the engine, turn on your hazard lights and put out the warning triangle if you can do so safely. Emergency help: if anyone is hurt, call the ambulance service SAMU (190) or the civil protection (198) at once, and only move an injured person if it is absolutely necessary. Police: if there are injuries or the drivers disagree, call the police (197) in town or the National Guard (193) outside towns, so that an official report is made. Don't leave: driving off without stopping can lead to prosecution. The joint accident report and evidence If there is only damage to vehicles and the drivers agree, fill in the joint accident report (constat amiable) provided by insurance companies: Complete every section carefully: date, place, drivers' details, insurance references, damage, and a simple sketch of where the vehicles were. Don't sign if you disagree with what is written; you can add your own comments in the box provided. Take photos of the vehicles, their positions, the number plates, the road and any signs. Write down the names and phone numbers of witnesses. Telling your insurer Report the accident to your insurer as soon as possible, with the joint report or the police report reference, your photos and the vehicle documents. The Insurance Code requires you to notify your insurer as soon as you know of the accident and at the latest within a very short deadline counted in working days, unless your policy allows longer; reporting late can complicate your claim. The insurer usually sends an assessor to look at the damage before repairs. Third-party motor insurance is compulsory in Tunisia. If the person responsible cannot be identified or the vehicle has no valid insurance, the guarantee fund for road accident victims (Fonds de garantie des victimes des accidents de la circulation) can, in some cases, compensate personal injury, or the relatives if someone dies. Compensation Damage to property: repairs to the car, or its value if it cannot be repaired, based on the assessor's report and how fault is shared. Personal injury: medical costs, lost income, disability and non-financial harm. Compensation follows a special regime introduced by Law no. 2005-86 and built into the Insurance Code, based on legal scales and a medical assessment by specialist doctors. For personal injury, the victim or their relatives can send the insurer a written claim for an amicable settlement within a short deadline that runs from receipt of the police investigation report; the insurer must then make a settlement offer within a time limit set by law. So ask for a copy of the report and see a lawyer without delay. Keep every medical certificate, invoice, pharmacy receipt and sick note: they are the basis for the calculation. If someone dies, their relatives can claim compensation. When should a lawyer check the offer? When the insurer offers you an amount, it will usually ask you to sign a settlement receipt, which may close the claim for good. It is wise to have a lawyer look at the offer before you sign, especially if: anyone was injured, even if the injuries seem minor; the offer seems low compared with your losses, or the sharing of fault is disputed; the insurer refuses to pay or is very slow to answer; the accident has led to criminal proceedings. A lawyer can check how the compensation was calculated, ask for a second medical assessment if needed, and go to court within the deadlines if it comes to that. The site's directory lists lawyers registered with the ONAT by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026