01/02/2012
Interview to Mr. José Pérez Tirado, lawyer of the victims and a member of the Group of experts for the reform of the scale
Defender counsel victims and member of the Group of experts for the reform of the scale
in Spain have a system of appraisal that was born in 1995 and which, unlike the rest of European countries, was set up with only the participation of the insurance industry, not called associations of victims, so it turned out a scale very insurance pro and unfavorable to the victims. In 2003, when reform this yardstick, he returned to the same happen, that it participated very actively to that sometimes is called the "legislator in the shade", i.e., the insurance industry, but neither was with the victims.
First listen to the victims
A year ago, the then director-general insurance Ricardo Lozano, as it was necessary to initiate another reform of the scale, which is very little European and very little conversational for victims, had the courtesy and always be so please, call for the first time in the history of Spain nine associations of victims that he considered to be more representative in terms of traffic accidents and that you were facilitated by the General direction of traffic. These associations had to appoint a spokesman and representative, and left I chosen. The Directorate General of insurance, by order of the Ministry of economy and the Ministry of Justice, which are the two ministries is made this change in law, created a Committee of experts consisting of seven persons. One of them am I representing the victims; a Professor of law, who is representing the University World; a lawyer representing the legal profession, a Prosecutor, representing the prosecution, a magistrate, which represents judges, and by insurance companies, a Unespa person to person of the insurance compensation Consortium. Together we are working to create a schedule that is more European and more to protect the victims. Benchmark we must deliver the seven July 2012, according to a ministerial order.
Life has little value in our country
Want to avoid that, as it is the case now, life is so little valued in our country, while the insurance companies earn much money. For example, in this time of crisis we are going through, insurance industry entered the year 2010 more of 800 million euros. You cannot consent to pay 169,000 euros for a death, estimated the scale, as it is the well-known case of José Ortega Cano, when it is sometimes less than what it's worth a car of which lead the millionaires. In 1995 when the Schedule came into force, there were 18 million cars, and currently, there are 31 million, which is why companies have increased, during this period, 65 per cent the number of clients. And, paradoxically, at this same time, the dead road has been by 76 per cent.
A more European law
For ten years, victims associations we have been concerned by accidents, that had less deaths and wounded, but it is time that we worry that those affected have European compensation, and more when the majority of insurers we have in Spain are European. The Commission met several times a month, offer ideas and see how the rest of the EU countries. When we finish the job, will be sent to Parliament, which has the last word. Given that this is the first time that they have with us and listening to us, we are confident that all this comes a fairer, and more European law to ensure the rights of victims. We will continue to fight to reduce road deaths - ten years ago occurred 4,200 deaths while now there are 1,400-, and also that if someone suffers a disaster like this, who can at least live with dignity. Other information, for example, is that we now have the same accident in Spain than in 1961 when the country drove and half a million vehicles compared with the 31 million vehicles that make it today. These are figures that are there and we are going to submit. Because the good news is that, on this occasion, the book to reach the Parliament will not have a part as had been usual, but will have seven parts, one for each of them that they integrate the Commission, with our ideas, contributions and opinions. And also, remember that insurance is called compulsory insurance because she thought as a way of raising funds to carry out precise compensation to those affected, but this seems to you have been forgotten. Ultimately, what we want is that the Spanish victims are European victims and not of any other continent and that, therefore, they also have European rights.

10 POINTS MAIN OF REFORM CALLING FOR THE ASSOCIATIONS OF VICTIMS:

10 POINTS MAIN OF REFORM CALLING FOR THE ASSOCIATIONS OF VICTIMS:
1.- That the compulsory insurance of car fulfils a function social and, therefore, protection and compensation of victims above any other consideration. With a system of calculation of compensation clear and easy to interpret for citizens, courts of law and insurance entities.
2.- A system of binding evaluation, to avoid inequalities among equal victims, compensation in the shortest possible time, reduce the litigation, provide higher level of legal certainty and provide guarantees for citizens and for insurance entities.
3.- Establish clearly the Yes should be included in the schedule (moral damage and basic patrimonial damage) and what not (profits and costs which must be accredited and tested as patrimonial damage).
4.- Updating of the amounts of the existing compensation and decide the model to follow for future updates.
5.- Give priority, not to mention to any injured, to the so-called ' big injured and deceased ' with family responsibilities.
6.- Include as 'secondary victims' families and ensure that they can claim and be compensated for costs and damages that suffer, as well as cover the medical or psychological treatments of these.
7.- That insurance companies take care of the costs of medical treatment and comprehensive rehabilitation of the victim.
8.- Improving the regulation of cases where producing the aggravation of sequels, establishing within a year to be able to claim the new needs of aid and assistance that may arise.
9.- Make special reference to the cases of acquired brain damage and cover the costs of the neuro-rehabilitation of the patient, both treatment and displacement that are accurate.
10.- Establish pension annuities as a complement to the initial compensation in cases of severe disability, minority people, large injured in brain damage and injured spinal cord.
Fuente: Revista AQUÍ en Valladolid
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PARTICIPACIÓN DEL LTDO. JOSÉ PÉREZ TIRADO EN LA JORNADA "VALORACIÓN DEL DAÑO. Últimas tendencias" que se celebra en MADRID el 17 y 18 de Noviembre de 2011



