Accident in France

I am not looking for any free legal advice just an opinion so we can decide to go forward or just to chalk it up to an unfortunate travel experience.

As in some sort of claim/legal action?

Too little info to form an opinion. Obviously, contacting a lawyer in France would be the best way to determine if pursuing the car driver for damages is feasible.

It sounds like she was standing in the street? If so, you may have an uphill battle.

Best wishes for her full and speedy recovery.

Richard,
I am so very sorry that this has happened to you and your wife.
I would advise you to consult someone who has the expertise regarding your situation rather than this forum.
I would also advise against assuming what the person who accidentally hit your wife is thinking or feeling.

This is a great lesson for the rest of us. Only gamble what you can afford to lose. If this happened in the US, I assume that she has health insurance. If her health care insurance doesn't cover her outside of the US I hope you have the funds to cover what is likely to be a very expensive ordeal.

I am so sorry that your wife was injured. This all sounds very painful! I hope her recovery is swift.

Have you contacted the U.S. Embassy/Consulate? They may be able to provide some expertise.

I am sorry this happened to you.

I suggest that you start by asking to join the closed Facebook group Strictly Legal France. You will be able to ask your question there. Since this group is supposed to reply citing laws, statutes, and procedures, the moderators try to eliminate opinions and guesses.
However, I suggest that you give a more detailed description of the accident. Where exactly was your wife standing? Where was the car? How was it manoeuvred ? Witnesses? Who spoke to the police--you, the driver? Did you witness the accident?

Finally, what do you want exactly? It's not clear from your post. Do you want the driver's liability insurance to pay medical and travel expenses? So try to break it down so you know exactly what you are seeking.

The legal system is very different with mediators who intervene, and it can take a long time for a case to go before a judge. Lawsuits are rare.

I hope your wife has a quick and full recovery from this awful accident.

Europe is very non-litigious as compared to the US. Quite a generalization, I know, but it’s true. If the police found no reason to pursue anything then I highly doubt you’ll get anywhere.

Not a great way to end a holiday. I hope your wife recovers soon.

Have you gotten the details of the other driver's insurance? In Europe car drivers are normally always liable for injuries to pedestrians, and that even if the pedestrian was at fault. Car drivers normally carry liability insurance which in Europe must be able to cover costs op to 1 million Euro, so getting any medical costs back that your own insurance does not cover should be possible. And the car driver should be cooperating with that.

Edit: I digged a bit deeper and found some very good info on a French insurance website.

What the normal procedure in in France in case of an accident is this:
- You fill out a "constat", that is a form, that normally the car driver should have in his car. You need to write down the details of the accident, but most importantly, the name of the driver, and his insurance company.
- Normally the driver then has to inform his insurance of the accident and they should then contact you to settle all your medical bills, and compensate you for other damages.

France, like most European countries operates on the legal principle that as a car is a potential lethal weapon it is the car driver's responsibility not to hit pedestrians, not the pedestrian's responsibility to stay out of the way of cars. So the car driver is alway liable for damages and medical costs in case of hitting a pedestrian.
(Be aware of this when you rent a car in Europe btw. Best treat pedestrians and cyclists as if they always have the right of way)

That the police didn't get involved is probably because there is nothing for them to do. This is considered a matter for the insurers of the parties involved.

Even if you said you did not want legal advice, know that in France:

The "Badinter" law (former Minister of Justice) of July 5, 1985 makes the pedestrian knocked down during an accident the highly protected victim who will always be entitled to full compensation "unless he [the pedestrian] voluntarily sought the damage or if he has committed an inexcusable fault. » (an example is the pedestrian's desire to commit suicide)

The Badinter law goes even further in compensating accident victims since the pedestrian will not see his right to compensation reduced even if he is responsible for the road accident.

Cars being at risk, it is considered that the pedestrian, victim of the road, even if he commits a fault by not respecting the law, has the right to reparation for bodily injury and compensation for his damage, by the insurer of the vehicle involved.

Yes. The Badinter law.

There is a famous case of a kite surfer that somehow got lifted and then crashed on parking lot, ending up underneath a parked car. The car owner was deemed liable for his injuries, and so his insurance had to pay all the medical costs.

This established the principle that basically anything that involves a) an injury to a person and b) a car results in the car's owner being liable for damages.

In practice it is normally all handled by the insurance companies. This is another argument to have travel insurance, as you can then let them all sort it out amongst themselves.

Other countries have similar laws. For example in Switzerland there is a case where a women tried to commit suicide by hurling herself in front of a car. She dressed up in dark clothes with the explicit purpose to make it harder for the driver to see her.
The courts in Switzerland found the driver liable anyway.

Wow. I am glad I didn't know this back when we were driving in France. Seems perverse in the cases of the kite surfer and the suicide.

I hope the OP is able to get the insurance of the driver to cover this.

You've gotten the background on your rights from Jolui and WengenK. Now the "Strictly Legal France" closed Facebook group can get you started on procedure and can refer you to the correct offices to carry out the work. In France, procedure has to be followed to the letter.