The Reform of the Traffic Legal Scale

Between January and February of every year, the reform and update of the Traffic Legal Scale is published in the BOE . In this year 2015 major changes are expected that we will comment on.

In the first place, the main claim of the new reform for this year 2015It is to improve the individualization of the damage, that is, to review the different damages that the victim may suffer, taking into account their personal, family and economic circumstances. Regarding compensation for death, the Government is requested to also focus on improving the perception of individual circumstances and taking into account the new family structures, that is, that there is a change regarding the disappearance of the current system , the system by groups, to move to a system of individualization of all the injured relatives of the deceased (minor children, older children, parents, spouse, siblings and the “relative”, included in many European legislation. As for the consequences,

Second, and perhaps the most novel, is the proposal to include in the Traffic Legal Scale the so-called “ lost profits”. Loss of profits, as we have already commented in other sections of our Blog, refers to all that profit that the victim ceases to receive as a result of the accident. In this sense, the political parties request that the reform incorporate an objective compensation system to quantify lost profits. This means recognizing a separation between moral damage and property damage, which in the current Traffic Legal Scale does not occur. The right to compensation for loss of earnings during the period of temporary disability is recognized, not using percentages or estimates, but a total amount for the patrimonial damage that is accredited during the period of sick leave. For this, tables are created for the valuation of future loss of earnings. This would also entail

For the associations of victims of traffic accidents, the relatives of the victims are the actual victims of the accident and of the damages that their family member has suffered in it. His proposal is to guarantee that families can also claim and be compensated for the expenses and damages they suffer, such as incompatibilities with working life for the care of the victim, travel expenses, loss of earnings, etc.).

In general, the compensation will increase an average of between 10 and 15%, mainly because it is proposed to revise upwards the compensation provided for the severely injured.