Décision judiciaire de Tribunaux de Première Instance, 9 octobre 2008 (cas Tribunal d'instance de Compiègne, 9 octobre 2008, 08/000325)
Date de Résolution: | 9 octobre 2008 |
Numéro de Décision: | 08/000325 |
Juridiction: | Tribunal d'instance de Compiègne |
Nature : | Ct0437 |
Tribunal d'instance de Compiègne
Ct0437
Audience publique du 09/10/2008
N° de pourvoi: 08/000325
08/000325
REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANCAIS
Par acte d'huissier en date du 5 mai 2008, la société SANEF a fait assigner la Mutuelle Assurances des Instituteurs de France (ci-après MAIF) devant le Tribunal d'instance de Compiègne afin de la voir condamner, en sa qualité d'assureur de Madame X..., à lui verser les sommes suivantes:
· 460,80 , augmentée des intérêts légaux;
· 3 000 , pour résistance abusive et injustifiée;
· 1 800 sur le fondement de l'article 700 du Nouveau Code de Procédure Civile;
ainsi qu'aux entiers dépens de l'instance.
A l'audience du 11 septembre 2008, à laquelle l'affaire a été retenue après un renvoi à la demande des parties, la société SANEF a réitéré les termes de son acte introductif d'instance.
Au soutien de ses prétentions, elle fait valoir que le véhicule conduit par Madame X... est impliqué dans l'accident de la circulation survenu le 25 décembre 2006 sur l'autoroute A1, que cet accident a nécessité l'intervention du Service Départemental d'Incendie et de Secours de l'Oise, intervention dont le coût s'est élevé à la somme de 460,80 .
Elle soutient qu'en application de la loi du 5 juillet 1985, et subsidiairement du droit commun de la responsabilité civile des articles 1382 et 1383 du Code civil, la compagnie d'assurance de Madame
X...
est tenue d'indemniser la SANEF de tous les frais occasionnés par l'accident de la circulation dans lequel le véhicule de son assurée est impliqué, et ce peu important que l'intervention du SDIS s'inscrive dans le cadre d'une mission de service public dans la mesure où l'article L. 1424-42 du Code général des collectivités territoriales exclut toute gratuité de son intervention sur le réseau routier et autoroutier et lui permet d'en réclamer le paiement à la société concessionnaire.
En défense, la MAIF, représentée par son avocat, a sollicité que le Tribunal rejette les demandes de la société SANEF et la condamne à lui verser une indemnité d'un montant de 1 800 au titre de l'article 700 du nouveau Code de procédure civile, outre les entiers dépens de l'instance.
Au soutien de ses prétentions, elle fait valoir que l'article L. 1424-42 du Code général des collectivités territoriales a institué la gratuité des interventions du SDIS dès lors qu'elles se rattachent à des missions de service public parmi lesquelles les secours d'urgence aux personne victimes d'accidents...
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