Pay attention to the crosses you want to mark on the central part of the front. They will have a crucial role in determining your liability. Photo Adobe Stock
An amicable report is a document that has a strong legal value. Once signed by the drivers involved, it definitively accepts their responsibility.
In the event of an error in the preparation of the joint report, no unilateral changes can be made after the signature, provided that it is judged that the drivers are informed and in fact well aware of the information they have shared in this document.
It’s the front that counts!
Only the information provided on the front of the form is taken into account to determine the respective responsibilities of the parties using a conventional scale. Hence the importance of the crosses you want to place on the document and of the drawing produced together.
Do not go too fast to complete the report. Poorly completed, possibly due to stress, the report can lead to a misinterpretation of the facts that is likely to implicate your liability unfairly.
It cannot legally be changed without the other party’s consent.
Do not edit the front page of the report!
Once the report is signed and the two self-copying sheets are detached, you cannot correct the front of your copy yourself until you send it to the insurance company. Jurisprudence has recognized the crime of forgery in private writing for a motorist who had changed an amicable report.
In case of error or omission, you have the back of the document to explain. However, in the event of a conflict between the two versions, only the joint declaration given on the face has probative value for the insurance companies.
Establish a new observation
If you discover an error, simply contact the third party who signed the report to cancel the original statement and create a new one together. According to Article 1134 of the Civil Code, the first report can only be revoked by mutual consent of the signatories.
If the third party agrees in good faith, you will make sure to expressly write on the new corrected report the words “cancel and replace”. You thus avoid any possible lawsuit if the first statement has already been sent to the insurance companies.
In case of dispute
If the other driver denies any change, you must provide evidence to support your version of the circumstances of the accident. For example: a town plan certificate attesting to the presence of road signs (signs, etc.) on one of the axes where the accident occurred. Or a check that can prove that the opposite driver has violated the rules of the Road Traffic Act and which relieves you of responsibility.
In fact, if the evidence is incomplete or deemed inadmissible, you may be wrongfully held responsible for the accident. In that sense, the insurance company can retain your total or partial liability.
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