When we are victims of a traffic accident and we look for a free lawyer to claim the compensation that corresponds to us, we usually do this search online and we find many lawyers who say they are free. It is important to know if this is really the case and what implies that the lawyer’s service is free.
First of all, when we suffer an accident, we have to differentiate whether it occurred when we were driving our vehicle, motorcycle or bike, or whether it was a run over, or whether it was as occupants of a third vehicle.
We differentiate between these situations, because it is necessary to distinguish whether the injured person has legal defense coverage or not. The Legal Defense consists of insurance coverage, whether of the vehicle or of the home, which covers the legal defense of the insured in two aspects, through the assignment of a lawyer, and said appointment by the company is after the study of the viability of the case, that is, it does not always grant it.
The other option is for the injured party to choose the lawyer they like best knowing that said insurance has an amount destined to pay that lawyer. The amount varies depending on the insurance we have, being the minimum of € 600 up to € 3000 for some companies. These amounts are paid directly to the insured once they are justified and provide a series of requirements such as:
- Receipt of compensation by the injured party.
- Minutes of the lawyer broken down and justified according to the fees of the corresponding professional associations.
In the case of having suffered a traffic accident while driving the vehicle, there is no problem, since all companies have legal defense coverage, to a greater or lesser extent. The problem arises when we are pedestrians or occupants, since as pedestrians we have to look at home insurance, which does not always cover run-ins, or traffic accidents as occupants of a bus for example. If we are occupants of a non-guilty vehicle, we can claim the legal defense of the insurance of the vehicle where we travel with the driver.
Lawyers specialized in traffic accidents usually collect a percentage of the compensation obtained by the injured party, which is called the “ Litis fee ”. The percentage varies depending on each office and the area of Spain, being from 10% to 20% plus VAT the most common. This form of collection guarantees the injured party that the lawyer will fight for the maximum of his compensation since his minute will depend on said compensation.
Therefore, in the event that we suffer a traffic accident and we look for a lawyer, the first thing they have to inform us is the amount we have available for the freely appointed lawyer, that is, what amount we have of Legal Defense, since if we have an amount high, the most likely is that the lawyer we appoint will get free.
The form of payment is always that the percentage is paid to the lawyer first, and he issues the corresponding bill to the company, who, once verified that it is correct, makes a transfer to the account number of the policyholder or the injured occupant or by check nominative. For this they have up to 90 days to make the payment from the moment the bill is sent.
Legal Defense coverage can be claimed up to two years after generating the obligation on the part of the insurer, that is, since the lawyer is paid.