what is the risk in the event of an accident?

If no fine is provided, the winter equipment required in mountain areas from November 1 to March 31 can still cost you dearly in the event of an accident.

From this Friday, November 1 and until March 31, it is the return of the obligation to have compulsory winter equipment on the roads of 34 departments.

Education on this essential equipment

For this 2024/2025 season, no fines are planned, as since the first year of application of the “Mountain Law II” in France in 2021.

Road safety emphasizes the preventive aspect of this measure:

“The objective of this regulation is to strengthen user safety by reducing the specific risks associated with driving on snowy or icy roads.
It is also about avoiding blocked situations in mountainous regions, when unequipped vehicles find themselves across tracks, unable to free themselves, immobilizing an entire axis of traffic”, notes the page dedicated to this regulations from its official website.

Signs inform you when entering and leaving a zone of mandatory equipment (winter tires, four-season tires or removable equipment). “In the absence of snow or ice, removable devices – snow chains or socks – are kept on board the vehicle,” specifies road safety.

Despite this tolerance in terms of fines, the absence of winter equipment can be costly in the event of an accident.

Reduced compensation, penalty… a significant risk in the event of an accident?

It all depends on the conditions of the accident and whether, logically, the absence of suitable tires, or removable equipment, can be considered as a triggering factor for the loss.

First example: in the event of an accident without a third party involved.

“To be compensated for your damage, you must have taken out 'all accident damage' guarantee, and the compensation depends on the provisions of this guarantee,” explains Christophe Dandois, co-founder of the neo-insurer Leocare.

“As a general rule, and at Leocare, there is no warranty exclusion linked to non-compliance with the winter tire obligation. However, if the contract provides for it, an excess may be applied to the compensation. A penalty will also be awarded,” he adds.

Another scenario: in the event of a “simple” breakdown on the roads concerned and, always, without the equipment. “At Leocare, there is also no exclusion linked to non-compliance with the winter tire requirement: access to vehicles and its repair can just be more complex in winter conditions without adequate equipment”, explains Christophe Dandois.

As a precaution, it may be wise to consult your contract, to check that there is no exclusion of guarantee, but perhaps a potential penalty and a deductible. If in doubt, contact your insurer, who can also advise you on taking out suitable options.

Things are getting complicated with a third party involved and without the “damage any accident” guarantee:

“You will not be compensated, unless you are a victim of the accident. On the other hand, if the absence of winter tires contributed to the accident, for example with poorly controlled emergency braking, this can be considered as a fault, which could limit, or even exclude, your compensation and affect your bonus-malus”, underlines the general director of Leocare.

Damage caused to a third party will, however, be “systematically covered if you are responsible”.

Christophe Dandois insists on this type of frequent accident in winter, “hence the importance of respecting this obligation”, with “an impact on the coefficient which bonus-malus can be significant”.

Prevention

Another insurer, Axa, is however quite reassuring, ruling out a systematic exclusion of guarantees in the absence of compulsory winter equipment.

“Today, insurance contracts do not provide for the exclusion of guarantees in the event of a loss for motorists insured with Axa France and who are not equipped in accordance with the recommendations of the Mountain Law”, tells us the French insurer.

“However, we invite all of our policyholders before their travels during this winter period to pay particular attention to the departments covered by the Mountain Law in order to equip their vehicles accordingly,” explains a spokesperson. .