Victims of traffic accidents are usually entitled to some kind of compensation. The compensation comes under two categories Firstly, Physical Damage, which covers the right for damages due to personal injuries sustained by any of the parties involved in the accident, , i.e. drivers, passengers or pedestrians. Secondly, Material Damage, which covers any damage caused to vehicles or other objects involved in the accident. Personal Compensation can be claimed both for personal injury that causes temporary loss of the victim’s quality of life varying in degree from very serious, serious, to moderate, (including private rehabilitation, collars, medication, transport, etc), and for any expenses or loss of income, resulting from the accident, i.e. profit loss, financial loss, salary loss, which cause a reduction income, or in the case of a person dedicated to housework, cause extra expenses to cover their temporary inability to carry out their normal duties at home.
The compensation to be awarded is calculated individually and in accordance with rules that cannot be applied automatically as there are many factors that influence their application. Including taking into consideration the repercussions and implications that the damage produces in the life of each individual and in the life of the people who depend upon said victim.
Since the application of the Penal Code Reform in July 2015, the steps to be taken in order to request compensation for traffic accident have changed as now traffic accident lawsuits have to be claimed for through the Civil Courts and not through the Criminal courts as before.
This amendment of the Criminal Code and the subsequent Law 35/2015, dated September 22, reforming the system for the assessment of damages caused to people involved in traffic accidents, provided the groundwork for the new and potentially more efficient way of acting when we raise claims of this type. The objective being to increase the protection of victims by guaranteeing sufficient COMPENSATION FOR DAMAGES AND INJURIES INCURRED, in a prompt and fair manner, and avoiding the judicial procedure. In order to do this the injured party must make claim from their insurance company beforehand.
Don’t forget that If the other vehicle involved is not insured or does not stop and cannot be located any compensation should be covered by The Insurance Compensation Consortium, which is a public body attached to the Ministry of Economy. Among other obligations this Consortium is required to compensate the injured parties in Spain when a vehicle cannot be found or is not insured. Material damage is also covered in the case of death of the victim or when the victim suffers temporary incapacity, (i.e. required to stay in hospital for more than 7 days), or also in cases of permanent incapacity; They should also compensate damages to persons and property, produced by vehicles that are not insured or that have been stolen and pay compensation for damages arising from a traffic accident where there is a dispute between the consortium and the insurance company.
Therefore, it is important to have an expert lawyer to advise and manage your claim, to protect your rights and to be able to get full compensation for the damages caused.
Marbella Solicitors Group has a team of lawyers specializing in traffic accidents that can help you and assist you with this and other issues. Please do not hesitate to contact us and make an appointment in any of our offices without obligationt.
Silvia de Hoyos