First of all, we must be clear that the occupant of public transport always has the right to compensation, even when the public transport driver is not guilty of the accident. In the event that there is a third guilty vehicle, the insurance of said vehicle will pay us the injuries according to the Traffic Scale of the Obligatory Civil Liability Insurance, and the insurance of the public transport vehicle, according to the SOVI (Mandatory Travel Insurance).
Travelers on public transport must declare to the driver that they have suffered injuries from the accident, so that the driver himself can carry out an internal part of his company. Said internal part is mandatory for public service drivers where injuries have occurred. In this report it must be reflected which injuries have occurred in the accident, the most common being shoulder and neck injuries.
When you have suffered an accident as a public transport traveler, a series of precautions must be taken to guarantee the future claim, such as asking for the name of the driver, insurance and registration of the vehicle in which you are traveling. Another precaution that must be taken is to keep the title that proves that you were traveling in public transport on the day of the accident.
In the event that you are not in a position to request said part, you must request that the report of the ambulance that has attended you be delivered, since in said document it appears where the intervention has been carried out, which would demonstrate to the insurer that he was traveling as an occupant of public transport and what injuries he suffered in the accident.
In the event that a report is drawn up by the Civil Guard or by the Municipal Police, it is important to communicate if you were sitting or not, witnesses to the events, if there was a sudden stop, if you were caught or not, if there is a nearby stop etc … in addition to being careful to ask the intervening agent number of Attestation or Diligence so that they can provide you with registration and insurance of the participants.
Injuries have to be assessed, as in any accident, by the forensic doctor attached to the Court where the complaint falls by distribution number, so it is necessary to be careful to carry out a correct medical follow-up of the injuries (discharge, rehabilitation, tests medical and other) so that the forensic doctor can assess the injuries correctly.
The Compulsory Civil Liability Insurance and the Circulation Insurance covers the compensation of these injuries, but when we are occupants of a public transport, with our travel ticket, we are also covered by the Compulsory Travel Insurance, which is compatible with the previous one. .
It is important to know that you have to demand the payment of both compensation, and have a lawyer specializing in handling accidents in public transportation who knows how to claim full compensation so that the victim can be compensated correctly, since the Mandatory Insurance of Travelers involves a different injury assessment based on different injury categories.
14 categories are distinguished in order to know what compensation you are entitled to and, therefore, to claim, you must fit the injury into one of the 14 categories.
The amounts that an injured person can receive vary depending on the circumstances and severity of each case. The Law establishes tables of quantities, which change according to multiple variables. These indemnities appear in the Travelers Insurance Regulations.
Material damage that occurs, such as broken glasses, lost or broken mobile phones, laptops and any other object, must also be paid by the insurer, for this it is necessary to record in the internal part of public transport where the accident occurred. accident or in the Certificate which goods have been lost or broken. This is very important since insurers sometimes deny the existence of such assets at the time of the accident, so the easier we make it for the insurer, the less problems we will encounter.
In summary, whenever we have a mishap as travelers of a public service we have to make a claim, a sudden stop, an acceleration, a sharp turn and of course any type of impact that generates injuries are in principle generating a right to claim. For this, a specialist lawyer should always be consulted so that the victim is informed, and clarify all possible doubts that may arise as occupants of this type of vehicle.