The general rule is that compensation can only be claimed when the claimant is not responsible for the accident.
However, the occupants of a vehicle whose driver has been guilty, or the co-pilot of a motorcycle in the same situation, can claim compensation, having been injured and have no responsibility. In these cases the procedure is the same as in any traffic file.
In the case of the occupants, the criminal complaint would have to go against the driver of the vehicle in which they were traveling. The fact that said driver is normally an acquaintance (family, friend, etc.) is not an obstacle to claim. Despite the objections that the fact of reporting an acquaintance gives us, we must bear in mind that being an occupant, in the vast majority of cases it will be possible to close the compensation agreement with the insurer, because there are no doubts regarding culpability. Therefore, reporting an acquaintance does not entail any economic or other consequence for that person, because the insurer is responsible for the compensation as civil liability. Even in the case of having to go to trial, the driver would only have to answer for a fine that is usually between 30 and 60 euros, and without deprivation of the driving license.
In the event that the occupants of a vehicle whose driver is guilty choose to claim their compensation through civil law , the driver is excluded in any case from the claim, since the civil lawsuit is filed against the vehicle’s insurance company as responsible. civil.
Regarding culpability, problems can however arise when there are serious doubts about how the accident will occur. Many times the dynamics of it provokes different versions, usually contradictory, about who is the culprit. In these cases it is very important to go to a specialist lawyer . Our criterion is always to try to defend the guilt of the opposite. And the claim must always be made in criminal proceedings, since if after processing the case and having the appropriate trial, in the event that we are found guilty as complainants, the criminal procedure is filed without major consequences.
It may happen that both parties involved denounce each other. In that case, we will go to trial as complainants and as defendants, and we will have to try during the procedure to obtain the necessary evidence to support our version of how the accident occurred compared to that of the opposite. In case of losing the trial, the consequences are minimal ( fine of between 30 and 60 euros without deprivation of the driving license ).
What should not be done is, in case there are doubts about the way the accident occurred, go to the claim by civil means, and this is so because in the civil lawsuit, which already has expenses that the criminal court does not have, there may be a cost sentence in case of getting lost, and here it would be necessary to pay the expenses of the lawyer and attorney of the opposing party, so, to avoid that risk, in case of doubt it is preferable to go to a criminal lawsuit that has no costs or costs.
The claim for compensation:
The choice of the way to claim in cases in which guilt may be disputed, should be properly assessed by going to a lawyer specializing in traffic accidents, who will advise us as he sees the options we have to fight the case. Any data, evidence or testimony can be crucial for the success of the claim, so it is important to take them into account and be very clear in telling the lawyer everything that happened, since if the claim is impossible or unfeasible, we will also indicate.