SPECIALIST LAWYERS IN TRAFFIC ACCIDENT COMPENSATION
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FREQUENTLY ASKED QUESTIONS
- I have suffered a traffic accident. What steps should I follow?
First, appoint your own trusted lawyer.
Secondly, once you have appointed your own trusted lawyer, apart from the one offered by your company, the following steps should be left in the hands of the same legal team in which you have placed your trust, so that the professionals can work for you.
The first step would be to take the extrajudicial route by negotiating with the insurance company's lawyer the amount of your compensation. If we do not reach an agreement, we go to the judicial route, claiming your compensation, either through a criminal procedure if the accident is considered a crime or misdemeanor, or by going to the civil route by filing the corresponding lawsuit before the Courts of Justice.
Having a good legal defense is essential to achieve the desired goal, which in this case is to obtain the maximum compensation. That is why we emphasize the importance of seeking a team of professionals who are willing to fight for your rights and who have enough experience to defend your case.
In our office, there are many successful cases that support us, as after years of work in the field of bodily injury, we have managed to specialize in it, thus obtaining the highest number of successes in compensations for our clients.
- What are my rights?
Regardless of the situation of the victim/injured party (student, worker, unemployed, retired...), they have the right to compensation, without it being subject to a work leave.
If a person is involved in a traffic accident, whether they are the driver (of a motor vehicle, moped, truck...), an occupant of the vehicle, or a pedestrian, they have the right to be compensated for the injuries they suffer, both for the days of medical leave and for the sequelae they suffer, unless there is exclusive fault of the victim.
- What types of damages are compensable?
In the event of an accident, personal damages (known as injuries) or material damages (such as damages to your vehicle) may occur. Both types of damages are compensable.
- How is compensation calculated?
To calculate the compensation you are entitled to, the Law of Civil Liability and Insurance in Vehicle Circulation
established a system for assessing the damages and losses caused to people in traffic accidents, known as "the scale" published in the BOE, which annually establishes the amounts that accident victims are entitled to as compensation. For your convenience, we provide the link to download the scale yourself.
Click here to download the scale
Section 1 of the Annex to this Law states:
"This system shall apply to the assessment of all personal injuries and damages caused by road traffic accidents…”
What are the time limits for filing a claim?
You have seven days
to notify your insurance company of the accident.
You have six months
from the date of the accident to file a police report.
You have one year
to initiate a civil lawsuit
through the courts.
If I have an accident without a third party involved, do I need to report it to my insurance company?
If the accident occurs without a third party being involved—such as crashing into a tree, wall, road sign, or running off the road—and your vehicle is not fully insured, you will have to cover the repair costs yourself.
However, if your vehicle is fully insured, the insurance company must cover the repair costs, in which case it is necessary to report the accident.
It is advisable to report the accident to your insurance company in any case, regardless of your coverage, since third-party damages may occur and result in a compensation claim against you.
For example, if you hit a traffic light, road sign, or lamppost and cause property damage but do not report the incident, the public administration may send you
the repair bill.
Can I choose my own lawyer instead of the one provided by my insurance company?
If your policy includes legal defense coverage, your insurance company must cover all legal expenses resulting from a traffic accident (lawyer, legal representative, court costs, bail, expert witnesses, etc.).
According to the Insurance Contract Law (Law 50/1980), with some exceptions:
“The insured shall have the right to freely choose the Solicitor and Lawyer who are to represent and defend them in any type of proceedings.
The insured shall also have the right to freely choose a Lawyer and Solicitor in cases where there is a conflict of interest between the parties to the contract.”
As you can see, the Insurance Contract Law clearly states that the policyholder may choose their own lawyer.
It is essential to be able to freely appoint your own lawyer.
Compensation amounts should be evaluated by lawyers who act in favor of the injured party.
Often, due to a lack of awareness, clients allow the insurance company to handle everything, thereby letting the insurer decide how much compensation is appropriate.
However, due to the general lack of information on this subject, the injured party may not realize that the lawyers provided by the insurer are there to protect the company’s interests, not their own.
The higher
the compensation, the lower
the insurer’s profit.
This is a key point to understand the underlying reasons and the importance of having your own lawyer during the claims process.
