Driver, passenger, pedestrian: different rights
The Badinter Act distinguishes according to your role in the accident. Non-driving victims — passengers, pedestrians, cyclists — are protected: their right to compensation is near-automatic, and only an inexcusable fault that is the sole cause of the accident can limit it. Drivers see their compensation assessed in light of any fault, which makes early analysis of the circumstances and accident report decisive.
This classification shapes everything that follows. The file must be framed early, before the first assessment and before signing anything with the insurer.