If you are on site of the accident and you are able to do so, after having alerted the Emergency Medical Services, we recommend to do:
– Note the data of the involved vehicles (number plate, owner, model and brand, etc..), about the drivers (name, ID number, address, phone, etc..) and the Insurer for each car.
– Call the police to make a Police report.
– Take data from the witnesses and tell them to wait for the arrival of the police to testify.
– If it’s possible, take photographs of the position of vehicles, damages, or any other information that could be useful.
You should go to law firm specialized in traffic accidents. They will advise you and will take care to do your process for claim for damages.
Do not sign the acceptance of any compensation without discussing it with your lawyer. If you go to PEREZ TIRADO ABOGADOS, we will tell you all the steps to do, we will value the compensation you must perceive and after that, we friendly reclaim to the insurance company.
If we cannot reach a friendly agreement, we will go to the courts, through a criminal proceeding if the accident is minor offenses, or through civil process. All these procedures should always be guided by a lawyer.
The deadline to file a criminal complaint against the driver is six months, and there is also the possibility of filing a civil lawsuit against the insurer within one year. In both cases the term is counted from the day of the accident.
4.- Friendly Accident Report. What should I fill? What if the person who caused the accident does not want to sign?
If you have had an accident, try always to fill an accident report completing all the sections, especially the data from the two drivers involved and their vehicles, the name of the Insurance Company and the number policy, note the damages of the vehicles, draw a picture of how the accident occurred and try to note the witnesses information.
If the other driver is not agree with the causes of the accident o does not want to sing the accident report, you should call the police (Municipal Police, Mossos d’Esquadra, Civil Guard, etc..) to make an official report, this document will be the most important prove.
5.- Have you the right to be compensated if you are the occupant of the crashed vehicle? And a pedestrian?
If a person is involved in a traffic accident, both it is the driver, the occupant, or a pedestrian, you are entitled to get a compensation for the injuries: for all the time that you are in medical treatment and its consequences.
If you have had an accident with no other vehicle involved (Collides with a wall, with a lamppost, with a sign, or leaving the road) you must also notify the insurance company. Some damages could be caused to other parties and they would claim compensation to you (the occupants of your vehicle, the owner of the wall or lamppost, signal, etc…).
A car accident can cause: injuries and damages in the property (clothes, motorcycle helmet, vehicle or load carrying). For all of it, compensation may be claimed, so it is advisable to consult with an expert to get the maximum compensation.
8.- When we talk about “días de baja impeditiva” or “dias de baja no impeditiva”, which is the difference?
If you suffer injuries in a traffic accident, and these require us to continue a medical treatment and prevent you to your daily work task, we will be on “días de baja impeditiva” (sick leave by accident).
In other case, if you continue a medical treatment but you also continue making your daily job task, we will be on “días de baja no impeditiva”, and therefore the compensation you could receive for each of these days could be somewhat lower.
If we want to drive a vehicle, this insurance is the requisite that law requires us, otherwise we would be punished. With that insurance we know the company will pay (within limits) physical injury or property damage that we have caused to others.
If you have hired a Legal Expenses Insurance, or it is in your automobile insurance coverage legal, you must know that your company will pay all, or at least, a part (depending on the limit you’ve hired) of expenses that may arise at the proceeding caused by a traffic accident, such as lawyer fees, the attorney, the expert, etc … In addition, you have the right to freely choose the lawyer you want to claim and defend your rights. Once you have paid their lawyer fees you may request to your insurer to recover the guaranteed coverage limit.
The limit for private attorney fees or freely chosen lawyer depends on the insurance contract you have signed. The most common are 600 Euros / 1,500 Euros / 3,000 Euros, depending on the insurance and what we pay.
12.- I have suffered a cervical sprain or whiplash caused by a traffic accident. Am I entitled to compensation?
Whiplash or cervical sprain is the most common traffic consequence caused in a traffic accident and you are entitled to claim.
Whiplash is an energy transfer mechanism to the neck, acceleration / deceleration, which can result from side impact, especially of motor vehicle collisions. The transfer energy can cause bone lesions or soft tissue injuries (whiplash injury), which may involve a variety of clinical manifestations.
Whiplash recovery depends on the severity of the injury, being necessary rehabilitation sessions. This type of injury often results in a temporary disability and can even leave some consequence.
The compensation will depend on the type of sprain suffered and if you will have suffered consequences or not. The amounts are varied depending on each case, so we strongly recommend you to put this kind of legal actions in the hands of a lawyer.
13.- Which are the agreements between companies? Is it true that although the guilty company of the accident is the opposite, my own company will pay me the damage of my vehicle?
In practice, for vehicle damages (not in the case of injuries) instead of the culprit of the accident, your company will pay you or your vehicle repair or looking for a solution.
If you have been also injured, even if your car have been repaired or paid, you should look for a specializing lawyer in traffic accident that claimed the maximum compensation for those injuries.
14.- Can I receive compensation if I have suffered an accident and the other vehicle insurance has expired or I ignore the company Insurance?
The Insurance Compensation Consortium is a public agency under the Ministry of Finance and is responsible to indemnify, as if it were an insurer, when the opposite vehicle does not have insurance or your insurance situation is insolvent liquidation, or an unknown vehicle that has been on the run, etc…
15.- Can I receive compensation if the driver responsible for the accident gets positive for alcohol or drugs? Can the Insurance Company refuse to pay me for that reason?
The Companies may not deny compensation to injured parties alleging that their insured driver was drunk or had taken drugs. Once we have been indemnified by the Company, it can reclaim to his insured what it have payed for that accident.
When a vehicle is declared write off, means that it is irreparable or that the cost of repair exceeds the value of the vehicle.
That value is what is called market value, and to fix it, companies are based on some scales of assessment published by the National Association of Motor Vehicle Dealers and Repair Parts (GANVAM) where all vehicle models appear up to 10 years old, the date on which it considers that a vehicle is fully depreciated. However, you are entitled to claim the true replacement value or market value of that vehicle (same model, age and condition) that is always higher than market value.
The Mandatory Travel Insurance (SOV in Spanish) is different than Mandatory Vehicle Insurance, but they are additional and compatible. It is a common insurance for all travelers covering the payment of compensation for those injuries occurred during the trip by public transport. The compensations are based on a scale of injuries divided in fourteen different categories assigning compensation according to the intensity of the injury.
The cost of this insurance is included in the ticket price, so it is important to always keep the ticket until the end of the journey. In case of accident, the passenger must notify the driver or the staff of the transport company and the insurer.
Regardless of this, we recommend that you collect the maximum of information such as the identification of the driver, the vehicle, insurance company and potential witnesses. After that, contact as soon as possible with a lawyer that advise you how to claim , in what time and how to proceed to obtain the maximum possible compensation for the compulsory insurance of travel.
18.- How to claim compensation for accidents caused as a result of the poor condition of public roads (defective pavements, of the sewers, of the signs, of the tiles, etc..)
It is very important to call to the Police to make a report and it have to include all data and version of the Witnesses. It will be necessary to keep the medical report of the ambulance and the medical center that have attended us. In fact, it will be the way to apply to the Administration for being responsible for that faulty route, either the City Council, the County Council, the Ministry, or the Ministry of the Autonomous Community.
In any case, we recommend before submitting the claim you must consult a lawyer to study the situation, identify the responsible agency, quantify the maximum compensation that can be claimed and advice about the chances of success.