In English

Do I have the right to seek compensation for accident?

13 julio, 2016

The answer to this question usually has its nuances, so it is always advisable to consult a lawyer to know what our rights are taking the case and get a calculation of compensation for the accident that we could match that is really tight. However, in the present article will try to answer this question regarding Spanish legislation, broadly speaking.

Generally speaking, people who are entitled to claim compensation are:

  • Accident victims: following the amendment which entered into force with Law 35/2015 of 22 September, to reform the system for the assessment of damages caused to people in traffic accidents, shared guilt has disappeared, so now or the victim is solely responsible for the accident took place or should charge one hundred percent of compensation, without going into rules of proportionality. What does proceed, if any, is to reduce compensation if injured contributed to the harmful result, for example, he/she was not wearing a seat belt or did not followed the appropriate medical treatment. They may be victims:
  • The driver of a vehicle involved (although lacked insurance).
  • Occupants of vehicles (although the driver of the vehicle they were traveling in was at fault for the accident.
  • Pedestrians

IN CASE OF DEATH OF VICTIMS, their families (spouse/husband, parents, children, siblings) or domestic partner (if they had lived together for at least five years immediately prior to death) shall be entitled to receive a certain compensation. The amount of indemnification will be the same regardless of whether or not there were any other family members or relatives entitled to compensation.

The current scale for compensations, takes into account the following parameters:

  • Personal Injury Basics: damages awarded by the scale to a specific injury and is meant are the usual for this kind of ailment.
  • Particular harm: for special cases with further damage (such as permanent disability in the regular work of the victim) that will entitle you to a higher amount.
  • Financial loss: which in turn is subdivided into
    • Consequential damage: costs.
    • Profit: money we have left to win.

IF THE CONTRARY VEHICLE HAD NO INSURANCE, OR THE DEFENDANT COULD NOT BE REACHED, compensation can be claimed the Insurance Compensation Consortium.

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