his widow can be compensated


A household with only resources tied to national solidarity allowances must be compensated if one of them disappears due to an accident. It can not be judged, according to the Court of Cassation (Cass Civ 2, 24.10.2019, U 18-14.211), that the benefits are always adapted to the situation of the beneficiary and that the loss of an allowance would not be injury.

Economic harm

This was wrongly argued, according to the Court, by an insurer, following a fatal accident of which an adult with a disability was victim. The wife claimed compensation for the loss of income that was the disabled adult allowance received by her husband until his death. But for the insurer of the person in charge, on the contrary, the widow did not have any material damage since she would continue to live on social benefits such as solidarity income and housing assistance, so that these incomes would always be adapted. to his situation and needs. The insurer had won the case on appeal, but the Court of Cassation dismissed this reasoning as a last resort. The personal allowance of the deceased husband is a lost income for the home and it is good for his widow of an economic loss that must be compensated.

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