M^e Jean-Philippe Anthonioz

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In Switzerland, the Federal Road Traffic Act (SVG/LCR) governs traffic rules, criminal sanctions (art. 90 and 91 SVG), administrative measures against the driving licence (art. 16 et seq. SVG), and the civil liability of the vehicle keeper (art. 58 et seq. SVG). A single offence can therefore lead to several decisions, notified at different times by different authorities.

In practice, after a check or an accident, you may successively receive a fixed penalty notice, a summary penal order, then, several weeks or months later, a decision of the Road Traffic Office (OCV in Geneva) ordering a warning or a withdrawal. Each act starts its own deadline. Any oversight may definitively bar the right to challenge.

The main decisions that may be challenged:

• Fixed penalty notice: for the listed minor offences (moderate speeding, parking, etc.). If the fine is not paid, ordinary criminal proceedings are opened.
• Summary penal order (art. 352 et seq. CPC): decision issued by the Public Prosecutor, which is the usual way of resolving traffic offences. It may be challenged by written objection within 10 days.
• Administrative decision of the OCV: warning, warning withdrawal (art. 16a to 16c SVG), safety withdrawal (art. 16d SVG) or precautionary withdrawal. The appeal deadline is in principle 30 days.
• Insurer's decision: refusal of benefits, reduction for gross negligence, termination of the contract. There is no statutory appeal deadline, but the limitation period under the Insurance Contract Act runs (5 years, art. 46 ICA).

This page reviews the main situations encountered by a road user: contesting a traffic offence, challenging a licence withdrawal, obtaining compensation as the victim of an accident, and resolving a dispute with an insurer. Since deadlines are short, it is recommended to consult a lawyer without delay, as soon as a decision is received.

Table of contents

Last update: 27.04.2026

The vast majority of road traffic offences (speeding, drink driving, failure to give priority, etc.) are sanctioned by a summary penal order issued by the Public Prosecutor. This decision, rendered without a hearing, becomes final if not challenged within 10 days. A well-drafted reasoned objection may pave the way to a dismissal, a reduced penalty or an acquittal.

The summary penal order (art. 352 et seq. CPC)

The Public Prosecutor may issue a summary penal order when the facts are admitted or sufficiently established and the contemplated sanction does not exceed certain limits: a fine, a monetary penalty of up to 180 daily units, community service, or a custodial sentence of up to six months. This is the most frequent way of resolving road traffic cases.

The objection (art. 354 CPC) must be filed in writing within 10 days of notification, with the Public Prosecutor who issued the order. Reasons are not required, but in practice they are very useful to guide the further proceedings. Following an objection, the Public Prosecutor may either gather further evidence and rule again, or refer the file to the Police Court which will rule on the merits.

Caution: an objection is not "counter-productive". The Police Court is not bound by the sanction set out in the summary penal order and may, in principle, impose a stricter or a more lenient penalty. It is therefore useful, before opposing, to assess the actual prospects of obtaining better than what the order already provides.

Hierarchy of road traffic offences

• Misdemeanours (art. 90 para. 1 SVG): simple breaches of traffic rules. Sanction: fine.
• Offences (art. 90 para. 2 SVG): serious breaches creating a substantial risk to safety. Sanction: custodial sentence of up to three years or a monetary penalty.
• Aggravated case ("chauffard") (art. 90 paras. 3 and 4 SVG): particularly serious breach (e.g. very large speeding, illegal car race). Sanction: custodial sentence of one to four years, and licence withdrawal of at least two years (art. 16c para. 2 let. abis SVG).
• Driving while incapacitated (art. 91 SVG): alcohol, drugs or any other state leading to incapacity to drive. Depending on the level and circumstances, this may amount to a misdemeanour, an offence or a serious offence.

Indirect effects: cascade towards licence withdrawal

A criminal conviction, even a lenient one, almost always opens administrative proceedings leading to a warning or to a licence withdrawal (see chapter Contesting a licence withdrawal). The administrative authority is in principle bound by the facts established in criminal proceedings, but retains its autonomy as to the classification of the seriousness of the offence and the choice of measure. A coordinated strategy across both proceedings is therefore essential: a hasty admission in the criminal proceedings may complicate the defence before the OCV.

Have you received a summary penal order? Do not wait: the deadline to object is only 10 days. You may book an appointment by phone or an   online appointment .

A licence withdrawal is an administrative measure, distinct from the criminal sanction. In Geneva, it is ordered by the Road Traffic Office (OCV); in other cantons by the cantonal road traffic department (SAN). The appeal in Geneva is filed with the Administrative Court of First Instance (TAPI) within 30 days; the decision can then be referred to the Court of Justice and ultimately to the Federal Supreme Court.

Types of measures (art. 16 et seq. SVG)

• Warning (art. 16a para. 3 SVG): in case of a minor offence and good prior record, the OCV may waive a withdrawal and limit itself to a warning.
• Warning withdrawal: aims at sanctioning and correcting behaviour:
  • art. 16a SVG (minor offence);
  • art. 16b SVG (medium offence);
  • art. 16c SVG (serious offence).
• Safety withdrawal (art. 16d SVG): ordered in case of unfitness to drive (medical issues, alcohol or drug dependency, mentally unstable persons). Its duration is indefinite; the licence is only restored once the cause of unfitness has been removed.
• Precautionary withdrawal: an interim measure ordered during the investigation when serious doubts exist as to the fitness to drive (e.g. pending a medical expertise).
• Probationary licence (art. 15a SVG): the new driver's three-year licence is annulled if a second medium or serious offence is committed during the probation period (see FAQ below).

Cascade of minimum durations

The SVG sets minimum withdrawal durations which increase in case of recurrence. The administrative judge cannot go below these minima (art. 16 para. 3 SVG), even where significant mitigating circumstances are present:

• Minor offence (art. 16a SVG): warning, or 1 month minimum in case of prior record.
• Medium offence (art. 16b SVG): minimum 1 month (first offence); 4 months (recurrence within 5 years); 9 months (two recurrences); 15 months (three or more recurrences).
• Serious offence (art. 16c SVG): minimum 3 months (first offence); 6 months (recurrence); 12 months (second recurrence); definitive withdrawal in case of a third recurrence (subject to a possible later reinstatement under strict conditions).
• Aggravated "chauffard" case (art. 16c para. 2 let. abis SVG): minimum 24 months.

The actual duration may be longer: the OCV takes into account the seriousness of the facts, prior record, professional need for the vehicle and the conduct of the offender. A well-developed argumentation may bring the duration close to the legal minimum, or even result in a withdrawal being replaced by a warning where appropriate.

Procedure and remedies (canton of Geneva)

1. OCV decision: notified by registered mail, reasoned, indicating the available remedy.
2. Appeal to the TAPI within 30 days of notification (art. 62 LPA-GE). The appeal must be reasoned and accompanied by a copy of the contested decision. An advance on costs may be required.
3. Appeal to the Administrative Chamber of the Court of Justice within 30 days of notification of the TAPI judgment.
4. Appeal in public law matters to the Federal Supreme Court, within 30 days of notification of the cantonal decision (art. 100 LTF).

An appeal does not have automatic suspensive effect: the withdrawal may be enforced during the proceedings, save where ordered otherwise. The appeal may include a request for restoration of suspensive effect or for interim measures, motivated by urgency (e.g. need of the vehicle to carry on professional activity).

Have you been notified of an OCV decision? The deadline to appeal is 30 days. You may book an appointment by phone or an   online appointment .

If you have been injured in a road traffic accident (as a pedestrian, cyclist, motorist or passenger), Swiss law affords you a particularly favourable regime: the keeper of the vehicle is liable without fault (art. 58 SVG), the third-party liability insurer must pay directly to the victim (art. 65 SVG), and a guarantee fund intervenes if the wrongdoer is unknown or uninsured (art. 76 SVG).

This page focuses on the criminal (offence) and administrative (withdrawal) aspects of road traffic law. The civil compensation aspect, which is often the main issue for the victim (medical costs, loss of income, moral compensation, household damage, future economic prejudice), is dealt with in detail on a dedicated page of the website, which we invite you to consult:

Heads of damage: quick overview

In case of injuries, you may claim: medical and therapeutic costs not covered by social insurance, current and future loss of income, household damage (inability to perform household tasks), future economic prejudice, moral compensation (art. 47 CO), as well as pre-litigation lawyer's fees and certain ancillary costs. Each head must be quantified, documented and negotiated with the insurer.

Victim Support Act (LAVI)

Where the injuries result from an offence (e.g. hit-and-run, drink driving causing bodily harm, aggravated "chauffard" case), the victim may, in addition, benefit from the Victim Support Act (LAVI): immediate aid (medical, psychological, legal), counselling, and compensation or moral compensation within certain limits. LAVI aid is subsidiary but often quicker than civil proceedings.

Are you the victim of an accident? Before signing any settlement with an insurer, have your case reviewed. You may book an appointment by phone or an   online appointment .

Three main situations give rise to disputes with an insurer in road traffic matters: refusal or reduction by your casco insurer after a claim; refusal or reduction by the third-party liability insurer of the wrongdoer; and the situation in which several insurers (third-party liability, casco, social insurance) seek to subrogate your rights.

Casco insurance (ICA / VVG)

Casco is an optional insurance covering damage to the insured's own vehicle: theft, vandalism, natural damage, glass breakage (partial casco), as well as collision damage caused by the insured (full casco). It is governed by the Federal Insurance Contract Act (ICA / VVG) and by the general insurance terms (GIT) of each company.

• Reduction for gross negligence (art. 14 para. 2 ICA): if the claim is due to gross negligence by the insured (e.g. high blood alcohol level, excessive speed, driving without a licence), the insurer may reduce its benefits to an extent corresponding to the seriousness of the negligence. The reduction is neither automatic nor total: it must be proportionate.
• Misrepresentation and forfeiture (art. 6 ICA, art. 40 ICA): an inaccurate declaration upon conclusion of the contract, or unfair conduct after the claim (e.g. exaggeration of the damage), may lead to termination of the contract or to forfeiture of benefits. Here too the conditions are strict and the consequences may be challenged.
• Limitation period (art. 46 para. 1 ICA): claims under the insurance contract are time-barred after 5 years from the occurrence of the fact giving rise to the obligation (since the ICA revision which came into force on 1 January 2022).

Third-party liability insurer of the wrongdoer (art. 65 SVG)

If you are the victim of an accident caused by another driver, you may turn directly to the third-party liability insurer of the responsible vehicle, without first having to sue the driver or keeper. The defences the insurer may raise based on the contract (unpaid premiums, contractual exclusion, etc.) are in principle not enforceable against you: they only concern the internal relationship between the insurer and its insured.

In practice, the third-party liability insurer regularly seeks to reduce the compensation by relying on:

• a concurrent fault of the victim (art. 59 para. 2 SVG) — unfastened seatbelt, crossing outside a pedestrian crossing, inappropriate speed, etc.;
• a restrictive assessment of the heads of damage (loss of income, household damage, future economic prejudice);
• the absence of adequate causation between the accident and persistent symptoms (typically in whiplash cases evolving into chronic disorders).

A counter-medical expertise and a rigorous economic analysis are often necessary to defend a fair compensation. The Civil liability page details these aspects.

Subrogation and recourse between insurers

Several insurers often intervene in parallel: your accident insurer (LAA if you are an employee), your health insurer, your casco insurer, and the third-party liability insurer of the wrongdoer. These insurers may subrogate your rights up to the amount of the benefits they have paid:

• Social insurers (LAA, IV, AHV, health insurance): automatic subrogation up to the amount of the damage actually covered (art. 72 LPGA).
• Casco insurer: subrogation in the rights of the insured against the third-party wrongdoer (art. 95 ICA).

For the victim, this mechanism prevents double indemnification but complicates coordination: it is necessary to clearly identify who pays what and to avoid signing a "full and final" release that would deprive certain social insurers, indirectly, of their right of recourse.

Standard procedure with an insurer

1. Notification of the claim within the contractual deadlines (typically 14 days), accompanied by useful documents (form, photographs, quotes, certificates).
2. Reasoned internal complaint in case of an unsatisfactory decision: the insurer is asked to reconsider its position, with additional evidence (counter-expertise, economic analysis, specialist certificates).
3. Referral to the Insurance Ombudsman: a private, free and independent body which offers mediation. Its decision is not binding but frequently leads to an improvement of the offer.
4. Action before the civil court in the absence of agreement. The forum is in principle the policyholder's domicile or the insurer's registered office (art. 17 et seq. CPC); for consumer contracts, the insured benefits from the forum at his/her domicile (art. 32 CPC). For a direct action against the third-party liability insurer of the wrongdoer, the forum is in particular that of the place of the act or of the result (art. 36 CPC).

Dispute with a motor insurer? Before any important correspondence, have your file reviewed. You may book an appointment by phone or an   online appointment .

If you wish to obtain further advice, please feel free to contact the secretariat of the firm by telephone in order to schedule an appointment for a fixed fee. You may also reach the firm using the contact details and means below. You may also book an   online appointment.

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• J.-P. Anthonioz
• Photograph: V. Palstsiuk ( BY 2.0)
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