It is essential for the successful completion of a claim, to have everything documented perfectly.
I always advise keeping a copy of everything. It is very important and advisable to go to the trials and make claims always with original documentation, but you can also provide copies (which should be collated later by the appropriate body).
1.- Personal and personal identification documentation:
- Copy of the insurance policy (both conditioned). To the folder.
- Copy of the vehicle's documentation (ITV and driving license). To the folder.
- Written friendly party, DAA, or any other document in which we have collected the data of the incident. To the folder.
- Copy of our ID
2.- Medical-sanitary documentation:
- Part of emergencies: When they transfer us or we go by our own account to the emergency room moments after the accident, they will give us a copy of the attendance report. We will have to keep them as gold in cloth. To the folder.
- Report of the attending physician: It will reflect the symptoms, proposed treatments, etc. To the folder.
- Parts of high-low labor: If we are employed workers, and the doctor gives us leave, we will keep in the folder the parts that reflect the date of discharge and the discharge.
- Partial and final reports of the rehabilitation doctor: To the folder.
- Partial reports of the general practitioner and medical discharge report: To the folder.
- Any other report of any professional (psychologists, medical specialists, etc.)
- Report of the forensic doctor. This will come when we are already involved in the corresponding criminal procedure. We'll see later.
3.- Expenses and bills. What kind of expenses can I claim?
- Break furniture, such as mobile phones, clothing, watches, etc. Any element foreign to the vehicle that was damaged due to the collision.
- Travel expenses. COHERENCE. It is not acceptable that someone travels by taxi from your home within 3 kilometers if you have regular public transport, or that you go to a rehabilitation clinic in Laredo, when you live in Bilbao. It will be necessary to keep all tickets, invoices, delivery notes, etc. that reflects those expenses and that they have been paid by us. It will ALWAYS justify that they were necessary and that the chosen alternative was the most reasonable and affordable.
- Medical expenses. Medicines, prosthetics, etc. not covered by the Social Security system.
- Damage to the vehicle: Original vehicle repair invoices, essential to be able to claim. We'll talk about this later.
- Any accident derived that is reasonable.
4.- Police filing / police report.
Although a priori seem the same, usually differentiate between both figures. The report is a type of report that collects extensive information, with photographs, about what happened in a traffic accident (place, date, weather conditions, actions taken by agents, damages, injuries, etc.), issuing, in large part of them, a value judgment of the acting agents themselves with respect to what happened, who is the possible responsible, etc. The simple report (not crowded) is usually a part of assistance to an accident, where the data of the vehicles involved and the accident site are collected, without further information or assessment. Logically, what will be worth more will be the Crowded.
5.- Expert report.
If our vehicle has been damaged, our insurance company will send an expert to the workshop to which we have taken our vehicle at the time we or they agree (if agreed) to assess the damage to the car.
Here two situations can occur: That the repair of the damages exceeds the value of the vehicle itself, in which case it will be classified as "total loss"; or that the repair in X money is valued.
5.1.- Repair amount lower than the value of the vehicle.
If the amount does not exceed the market value of the vehicle (it is an amount calculated for each vehicle taking as reference the values given by the National Association of Motor Vehicle Dealers - Ganvam), the expert will assess, and we will communicate the value of the expert opinion to give or not the repair order. Here there should be no problems for us to repair the vehicle.
5.2.- What happens if I do not agree with the expert opinion?
If we do not agree with the appraisal made by the appraiser, we can hire our own expert (always at our expense) to make another independent appraisal (Article 38 of the LCS.)
If no agreement is reached on the amount Each party will designate an expert within a period of 8 days, the acceptance of which must be recorded in writing, otherwise it will be understood that the person who does not designate will submit to the opinion of the other expert. a joint act, indicating the amount,
if there is no agreement between the experts, a third party is appointed by mutual agreement, if there is no agreement in that election the appointment will be Judicial.
In policies with own damage coverage, regardless of whether or not we agree with the amount reflected by the judicial expert, our company must pay us the minimum compensation established (Article 18 of the LCS).
6.- What happens if I am self-employed or self-employed?
You have to compensate the lost profit that is what we have stopped earning as a result of the accident, you must always prove it.
I always advise keeping a copy of everything. It is very important and advisable to go to the trials and make claims always with original documentation, but you can also provide copies (which should be collated later by the appropriate body).
1.- Personal and personal identification documentation:
- Copy of the insurance policy (both conditioned). To the folder.
- Copy of the vehicle's documentation (ITV and driving license). To the folder.
- Written friendly party, DAA, or any other document in which we have collected the data of the incident. To the folder.
- Copy of our ID
2.- Medical-sanitary documentation:
- Part of emergencies: When they transfer us or we go by our own account to the emergency room moments after the accident, they will give us a copy of the attendance report. We will have to keep them as gold in cloth. To the folder.
- Report of the attending physician: It will reflect the symptoms, proposed treatments, etc. To the folder.
- Parts of high-low labor: If we are employed workers, and the doctor gives us leave, we will keep in the folder the parts that reflect the date of discharge and the discharge.
- Partial and final reports of the rehabilitation doctor: To the folder.
- Partial reports of the general practitioner and medical discharge report: To the folder.
- Any other report of any professional (psychologists, medical specialists, etc.)
- Report of the forensic doctor. This will come when we are already involved in the corresponding criminal procedure. We'll see later.
3.- Expenses and bills. What kind of expenses can I claim?
- Break furniture, such as mobile phones, clothing, watches, etc. Any element foreign to the vehicle that was damaged due to the collision.
- Travel expenses. COHERENCE. It is not acceptable that someone travels by taxi from your home within 3 kilometers if you have regular public transport, or that you go to a rehabilitation clinic in Laredo, when you live in Bilbao. It will be necessary to keep all tickets, invoices, delivery notes, etc. that reflects those expenses and that they have been paid by us. It will ALWAYS justify that they were necessary and that the chosen alternative was the most reasonable and affordable.
- Medical expenses. Medicines, prosthetics, etc. not covered by the Social Security system.
- Damage to the vehicle: Original vehicle repair invoices, essential to be able to claim. We'll talk about this later.
- Any accident derived that is reasonable.
4.- Police filing / police report.
Although a priori seem the same, usually differentiate between both figures. The report is a type of report that collects extensive information, with photographs, about what happened in a traffic accident (place, date, weather conditions, actions taken by agents, damages, injuries, etc.), issuing, in large part of them, a value judgment of the acting agents themselves with respect to what happened, who is the possible responsible, etc. The simple report (not crowded) is usually a part of assistance to an accident, where the data of the vehicles involved and the accident site are collected, without further information or assessment. Logically, what will be worth more will be the Crowded.
5.- Expert report.
If our vehicle has been damaged, our insurance company will send an expert to the workshop to which we have taken our vehicle at the time we or they agree (if agreed) to assess the damage to the car.
Here two situations can occur: That the repair of the damages exceeds the value of the vehicle itself, in which case it will be classified as "total loss"; or that the repair in X money is valued.
5.1.- Repair amount lower than the value of the vehicle.
If the amount does not exceed the market value of the vehicle (it is an amount calculated for each vehicle taking as reference the values given by the National Association of Motor Vehicle Dealers - Ganvam), the expert will assess, and we will communicate the value of the expert opinion to give or not the repair order. Here there should be no problems for us to repair the vehicle.
5.2.- What happens if I do not agree with the expert opinion?
If we do not agree with the appraisal made by the appraiser, we can hire our own expert (always at our expense) to make another independent appraisal (Article 38 of the LCS.)
If no agreement is reached on the amount Each party will designate an expert within a period of 8 days, the acceptance of which must be recorded in writing, otherwise it will be understood that the person who does not designate will submit to the opinion of the other expert. a joint act, indicating the amount,
if there is no agreement between the experts, a third party is appointed by mutual agreement, if there is no agreement in that election the appointment will be Judicial.
In policies with own damage coverage, regardless of whether or not we agree with the amount reflected by the judicial expert, our company must pay us the minimum compensation established (Article 18 of the LCS).
6.- What happens if I am self-employed or self-employed?
You have to compensate the lost profit that is what we have stopped earning as a result of the accident, you must always prove it.
Practical guide in case of traffic accident: Basic notions of how to act in front of the accident
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WHAT TO DO IN CASE OF ACCIDENT?
This is one of the most frequent questions asked by users of motor vehicles together with what is perceived as compensation.
Below we present a practical guide on how to proceed in the event of a traffic accident, whether it is of a mild nature or with injuries.
First of all, immediately after suffering a traffic accident, you will find that you are well, keeping your calm, that you have no injuries or that you are not prevented from moving. If it is apparently good, or with minor injuries, check the health status of both the other occupants and the driver of the other vehicle, whether injured or guilty. The main thing is to offer immediate healthcare. In case you have injured, you must make a call to the emergency services so that they can help you as soon as possible.
In the second place and before a minor accident, where those involved do not require at that precise moment of urgent healthcare, it is advisable to complete the "Accident Friendly Part" stating the data of the vehicles involved, as well as the sketch how it has occurred, place, passengers or pedestrians affected and possible witnesses, signed by drivers. Each party will keep a copy, which must be sent within 7 days to your insurance company. For the case of discussion, violence, seriousness of the injured or discrepancies at the time of completing the friendly part, call the police, it will be useful the accident part in order to determine the culprit of the incident.
It is recommended that you go to the doctor after the accident, and whenever you notice a worsening of health, as there are injuries that do not manifest until 12 hours or even days after they occurred. Keep the medical documentation in order to prove that you have suffered injuries resulting from the traffic accident.
In summary, there are three steps to follow in a traffic accident, provided it is of little importance :
1º Check of the personal health status as of third parties.
2º Obtain the data of the opposite necessary for the elaboration of the friendly part of accidents.
3º Forward the accident part to the insurance company of our vehicle.
For the most serious cases due to the number of people involved, for the injuries suffered by other users of the road or for the circumstances of the accident, call the emergency services and the police authority. They will take care of the situation.
After suffering an accident, obviously we want to claim for damages or injuries suffered, but one of the most common questions is which is the best option: to go to the insurance lawyer or a private one?
In this article we will try to explain which of the two cases is the best, who offers the best guarantees, what aspects you should consider before signing a contract of this type, the possible differences and the steps that you should take as soon as the incident occurs.
One of the most common cases that we find is that the victim of the accident prefers to wait for compensation from the insurer , but we can assure you that this amount will always be lower than it deserves .
"Well, I'll wait to see what they offer me, and if I do not agree, I'll demand ..." Does it sound like?
What if you could get up to 5 times more and in less time ?
Well, in this guide we will explain how it is possible just by choosing the type of lawyer.
Same professionals, different conditions
At first it may seem that there is no difference between them, since both lawyers are experts in legal matters and in the procedures to carry out the accident case.
However, one of the main recommendations before making a decision about what kind of lawyer you want to advise, is to check the conditions of the contract , ie read calmly each of the clauses raised in the order sheet to be well informed and avoid surprises during the procedure.
In addition, you should be aware of possible additional expenses , such as the presence of experts, prosecutors, fees or other services.
For this reason, it is advisable that you demand in advance to explain carefully the steps you should follow as possible injured, as well as take into account that although you have a percentage to hire a lawyer to be insured, this coverage is different depending on each insurance .
Differences between an insurance lawyer and a private one
Below we will discuss each of the advantages and disadvantages of each type of lawyer to deal with compensation for traffic accidents.
Generic defense against specialized
The main difference, and more important, is that the insurance lawyer does not choose the affected , but the insurer.
That is to say, that your company will assign you a lawyer to take your case and to whom you should go to explain what happened, and may not always be the best professional for your case .
On the other hand, the private lawyer is of your confidence because you choose him personally, and you can always change him if you are not happy with his work (it gives you flexibility).
Economic interest versus interest for your rights
In this sense, an insurance lawyer will charge directly from the insurance company , and will be interested in evaluating the procedures casually. That is to say, that he watches more for the interests of the company than for yours, since after all, he will also collect compensation or not.
On the other hand, the private lawyer will charge a percentage of the compensation he gets, so he fights more for your interests , since his fees depend on it.
For this reason, many of the drivers who choose the insurer's lawyer feel less protectedbecause their rights are not taken into account, but rather the agreements reached by the companies.
Additional expenses in front of everything included
Generally, the insurance companies include the extra expenses that may arise from the management of your case (minutes, procedures, external professionals, solicitors, etc.) but this is not always reflected in the contract conditions (you must check them very well before contracting).
While, the private attorney will always include these expenses in the final invoice and thus you have more flexibility to negotiate this point.
As we said before, the private attorney will always fight because you get the maximum benefit , while the insurance lawyer is bound by the interests of your company.
Therefore, the individual will endeavor to advise you in legal matters about all the options you have to claim your compensation, as we do in CarCrash.es.
Tell us your case
Which is the best option?
As a general rule, you will always receive less compensation from an insurer for the agreements they establish between them.
Meanwhile, a private lawyer like the ones we have at CarCrash.es will fight for you to get the maximum possible compensation , and will be in charge of managing all transactions and negotiations with the insurance companies for FREE .
If you do not collect your compensation, neither do we.
In fact, with our compensation calculator you can know the estimated amount that would correspond with just provide us all the data of your accident.
Advantages of claiming with CarCrash.es
In our platform we have lawyers specialized in traffic accidents who will accompany you throughout the claim procedure.
The victim of an accident is our priority, and that is why we offer a comprehensive, trustworthy and responsible service, which really meets the requirements of each person.
Among the advantages you will enjoy when hiring them, the following stand out:
- We reduce the management time so that you get the amount you deserve as soon as possible.
- We only charge if you win the claim, so we focus our efforts on getting the amount that each case deserves.
- Direct contact and person : we will keep you informed of the progress of your claim both by email and by phone, and even WhatsApp.
- You will have comprehensive management from the moment of the accident until you collect your compensation, regardless of the phase in which you are.
- A lawyer by your side. You save time and money by not having to travel to communicate with us. Choose the medium and we will work for you.
- We multiply your compensation .
How can you get your case to CarCrash.es?
Next, we will review it with our community of specialized lawyers without commitment and we will study the viability of the conflict.
From the Legal Department, we will contact you directly to provide us with all the necessary documentation to establish the defense , and you will be able to contact us as you prefer:
What documentation must I submit?
It is important that you have the following documents in your possession:
- Part of accident
- Crowded police
- Part of emergencies and medical documentation.
With all this we can assign a personal lawyer and the commission sheet, which will be collected the conditions of collaboration.
REMEMBER: if you do not charge, we do not charge anything
Also, if the accident happened with a vehicle insured by an insurance company, we inform through a document that they are in charge of negotiating or claiming the case.
Another service we offer is management with rehabilitation clinics and associated workshops.
What steps should you follow after suffering an accident?
- Verify that the opposing party correctly signs the friendly part acknowledging the faultof the facts, and that all the correct data is present.
- In case you refuse to sign the part or if you flee , you should call the police or the Civil Guard.
- Try to collect and identify all possible data, including eyewitnesses to the accident.
- Go immediately to emergencies if you have been treated quickly in the place of the facts, and request a complete medical report with the specifications of the injuries suffered.
- You must inform your insurer as soon as possible (in less than seven days) and not provide any more information until advised by a lawyer specialized in traffic accidents .
- Do not settle or accept the first compensation offered by the insurer . ALWAYS consult with an expert and NEVER firm refuse your right to continue claiming.
Other accidents may occur
It is possible that you may suffer an accident when moving on another type of transport, such as a taxi or bus .
In these cases you should know that you also have the right to compensation , since you travel as a passenger occupying the vehicle and, therefore, you have been a victim of the accident.
In these cases, the responsible for all possible injured will be the public transport insurer, and the correct thing would be for passengers to have a policy called Compulsory Travel Insurance ( SOVI ).
But ... what happens when we have an accident with a foreign car?
The first thing you have to do is fill in the friendly part, and if there is any witness, you must also include it in the part.
Once the two drivers have completed the friendly part, the next step is to claim compensation for the damages suffered. How and who should be claimed?
When we have a traffic accident in Spanish territory with a foreign vehicle or with our car in foreign territory, the insurance company will manage our claim through OFESAUTO (Spanish Office of Automobile Insurers).
OFESAUTO is an association in which all the insurance entities authorized to work in Spain in the field of Automobile Insurance and the Insurance Compensation Consortium participate.
Claim an accident happened abroad
When the Spanish vehicle is the cause of the accident: If you have your vehicle insured, contact your company to handle your claim.
When the foreign vehicle is the cause of the accident: If you have the information of your insurer, you should contact the Insurance Compensation Consortium and find out which insurance company represents the foreign insurer in Spain, and contact the representative.
There are two types of insurance:
Obligatory Liability Insurance: It is important to know if the country to which we travel is attached to this insurance and whether or not it belongs to the European Union, the limits of the compensation will depend on it. The countries that are attached to this agreement are Germany, Andorra, Austria, Belgium, Czech Republic, Cyprus, Croatia, Denmark, Slovenia, Slovak Republic, Estonia, Spain, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland.
Inter-Bureax Agreement: For this the Green Card is required, the document certifying that our vehicle has Obligatory Civil Liability insurance and is attached to the agreement. When traveling to these countries (outside the previous list) we will have to ask our company for this document that will act as a friendly party.
Claim an accident in Spain
When the Spanish vehicle is the cause of the accident: If your vehicle is insured, contact your company and they will take care of all the arrangements.
When the foreign vehicle is the cause of the accident: You have to go to the representative in Spain of the insurer of the foreign vehicle. On the OFESAUTO website you can find the representative. Once you have contacted him, he has three months to answer you. If this period elapses and you have not received any response or it does not match the response you should get, you can send the incident to OFESAUTO yourself.
If you do not know which is the insurer of the foreign vehicle but you know what its registration, make and model of the vehicle, you can get in touch with OFESAUTO and locate the nationality of the vehicle, its insurer and its representative in Spain.
If you do not know which is the insurer of the foreign vehicle but you know the license plate, make and model of the vehicle, get in touch with OFESAUTO and you can locate your insurer and your representative in Spain.
Remember that in the event that a trial is held because it is not clear who is responsible for the accident, the trial will be held in the foreign country where the accident occurred, with its lawyers and according to its laws.
It is at this time when you should inform yourself if your policy will cover those expenses or you will have to assume them.
If you have been the victim of an accident with a foreign car and need help, or have any questions that we have not explained in this article, you can call our toll free 900 900 832 and one of our lawyers will inform you at the same time!
Every time you have to cross a pedestrian crossing without a traffic light, you have doubts. You think about whether the car that comes in the distance will stop or not. You do not know whether to step forward or keep waiting until you see no vehicle approaching you in your direction.
When you get your car license, one of the first things you teach in the driving school is that the pedestrian has priority in the steps of zebra, whether or not they have traffic lights. You usually go with caution in each of the crossings and, despite this, a car can arrive and run over you.
Pedestrians are usually one of the most unprotected collectives within the highway code. Unlike a vehicle, if you suffer a blow while crossing a road, the body that slows you down is your body. Damages are usually unavoidable. No matter how small the scare, you get at least a strong trauma.
If you walk and suffer a winding, you do not usually have mechanical protection against that mishap. That means that you will not always be guaranteed compensation for hitting a pedestrian crossing, even though the legal protection is good.
When can you claim compensation for hitting a pedestrian crossing?
In order for a pedestrian to be able to initiate a claim for compensation for a violation, the accident must have occurred at a properly signposted pedestrian crossing. These are the three possibilities you can find:
Pedestrian crossings without traffic lights: People have priority in the zebra crossings although they are not regulated by traffic lights. That's something that drivers have to know. When you start the practice at any driving school, one of the first indications of the teacher is that you reduce your speed by approaching pedestrian crossings and stop if someone waits to cross. Surely you know some friend that the day of the driving test did not give way to a pedestrian and, for that mistake, suspended.
Green traffic light for pedestrians: When the crossing is regulated by traffic light and, as a pedestrian, you have it in green to change the sidewalk, if you suffer a hit, in addition to the blow, you will receive compensation. In any case, there must always be evident evidence such as: security videos, eyewitnesses, police reports or a confession of the offender himself.
Traffic light in red for pedestrians: In case the traffic light red flags the prohibition to cross as a passer-by, it is best to respect it. If you risk a vehicle can overwhelm you and the compensation for hitting a pedestrian crossing will be more complicated. In spite of everything, there are possibilities of asking for compensation. Depending on the case, the concurrence of blame can be alleged. That is, the driver may be skipping some regulation of the circulation regulations. For example, if you cross badly, but a car comes to more than 60 km / hour, it goes above the speed allowed on urban roads.
You should know that there will always be exceptions that insurance will not cover. If your behavior is fraudulent or fraudulent, forget any compensation. There are people who pretend to be trampled to seek compensation. In that case, nothing is charged, and there could even be a fraud report. And every time they are getting more serious with these irresponsibilities.
You can receive compensation without suffering physical injuries
In case of being run over it is difficult not to suffer any type of trauma. If you have that luck and the accident does not cause any physical damage, consider that there are still a couple of causes to claim.
Material damage: if you have a mobile phone, a computer, a clock or similar, and suffer some damage, you will receive compensation. The compensation will be less than the amount marked by the market, since a series of taxes and amortizations are deducted.
Psychological damages: these are more complicated to prove. You have to go through a series of diagnoses and professional treatments. They will be the basis or proof to be able to request compensation.
What do I need to ask for compensation for being run over?
Primarily tests are needed. You have to prove that you have been really hit by a vehicle and that your injuries are caused by that accident. Police attestations are accepted as evidence. Also if the driver recognizes that he committed such a violation.
The medical parties will play a fundamental role. Like any eyewitness who can tell what happened. Sometimes, the damage is serious and the person who suffers the hit does not remember anything. In such cases, witnesses are indispensable and also any documentary evidence such as videos or images.
The insurance will later cover medical expenses, drugs, days off, compensation in case of death ... This compensation will be calculated using the current rates of each year.
In case of suffering a run over and not knowing how to act, you
We are often called customers who need help and ask us a question that perhaps you have also asked yourself: Can I claim compensation if I have suffered an accident with injuries while traveling as an occupant in a taxi?
The first thing you should know is that the victims of a taxi accident, as occupants of the vehicle they are, are always entitled to claim compensation.
In the same way, if you drive in a private vehicle, you can claim both the injuries and the material damage that will be caused to the passenger.
And now that you know that you have the right to claim compensation, you are probably asking yourself ... But how do I claim? Easy, step by step.
The procedure to follow indicates that we will need a medical assessment report issued by a medical expert, where all the medical information is collected from the moment of the accident, up to the current state in order to transform those injuries, in an objective economic amount according to the new 2016 scale.
The claim of the injuries will be made against the person responsible for the accident, be it a third party, or against the taxi driver. Although the procedure to claim may seem complex, if you have the help of a lawyer specialized in the claim of traffic accidents can be much simpler and faster, besides being determinant to justify those injuries and adjust the amount claimed to what the client deserves.
In the same way, to justify the material damages it will be necessary to prove the damages suffered by the client, either for economic damage (expenses, invoices ...), loss of assets, loss of profits or any that affect the economy of the injured party. These damages must be justified with proof of payment and by proof of future loss of assets.
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