Claiming compensation for damages suffered in a traffic accident requires special attention to the circumstances surrounding the accident: vehicles involved, damages suffered (both material and personal), witnesses, intervention of the authorities and health services, entities vehicle insurance companies, road circumstances, traffic circumstances and much more.
No traffic accident is the same as another. Each one has different circumstances and that is precisely why we must pay special attention to each and every one of them to study how they will intervene when claiming compensation for the damages suffered.
First of all, you have to see how each type of vehicle affects when it comes to claiming the accident. For now, the procedure is the same and the claim channels are the same. The difference is in the circumstances of the claim . Generally, circulating in vehicles such as motorcycles, bicycles or, simply, on foot, encompass a series of special circumstances that will force us to pay special attention to other factors. For more information, in our Blog you will find informative entries to claim compensation for each type of vehicle.
To claim a claim , regardless of which vehicles have intervened, you always have to make sure of the circumstances that surround it, as we have said. This is, from the traffic situation, such as the priorities of passage, intervention of third vehicles, intervention of the authorities and emergency medical services, witnesses, etc.
The main thing is to collect all the data that will help us later to be able to define with total clarity the responsibility of the accident, that is, to be able to reconstruct the dynamics of the accident. It is easy then to understand why it is so important, right? In the event that later you try to define liability without much data to help us reconstruct the accident, you will probably have many problems when claiming compensation for the damages suffered.
For this reason, we do not tire of advising that after an accident do not leave the place without having made sure before leaving all the ends well tied. And we will not tire of advising you to fill out the friendly accident report. In the friendly accident report , all the data of the vehicles involved in the accident are collected, as well as the damage suffered by one and the other, and a grid is also included to easily draw the dynamics of the accident. This part will be of vital importance if it has been properly filled out and of course signed by both drivers.
The alternative to this is the intervention of the authorities, either the Civil Guard or the Police, so that they are the ones who collect in their Attestation or Intervention Report everything that helps to later reconstruct the dynamics of the accident and define guilt.
Second, the damage suffered must be taken into account. As we explain in other sections of our Blog, these damages can be material or personal. Personal injuries are those damages that directly affect the person in their physical and mental sphere, that is, injuries and correction factors applicable for them. Personal injury requires the assessment of a personal injury assessment specialist, that is, a medical expert. Although it can be claimed with the help of an expert on the part, it is usual to go to the Forensic Doctor of the Investigating Courts so that it is he who objectively evaluates the injuries and reflects in his Forensic Health Report their adequacy according to the Traffic Legal Scale .
On the other hand, when we speak of material damage to claim compensation for a traffic accident, we refer to any economic loss suffered by the victim. This includes expenses, bills and any financial damage suffered as a result of the accident. This also includes the so-called loss of earnings, which we discuss in other sections of our Blog.
Third, you have to choose the judicial route that will be followed to claim all these damages. There are two ways to claim compensation for a traffic accident: criminal and civil. Criminal proceedings are those judicial proceedings that are opened by a complaint against the driver of the opposite vehicle so that their insurance company responds as directly responsible for the damages suffered by the victim in the traffic accident. Once the procedure is opened, such as Preliminary Proceedings or Misdemeanors, the victim will be summoned for a Forensic Medical consultation, who will be the one who issues the Health Report where the injuries will be assessed.
The material damages will be valued by the Office of Experts of the Court, and the sum of the resulting values will be added to the entire amount of the claim. At this point, if the fault has been sufficiently proven, it is usual to reach an amicable agreement and close the case before having to go to trial. On the other hand, the civil procedure is that legal procedure that is opened by means of a complaint, in the Courts of First Instance, and in which the claim is already defined in advance.
That is to say, unlike the criminal procedure , in the civil procedure the victim already claims directly a certain amount of money in compensation for the damages suffered and already assessed by a specialist. Unlike in criminal proceedings, in this way, initial costs must be assumed in terms of fees, attorney and medical expert to be able to open the procedure in court.
Finally, highlight the importance of claiming compensation for an accident with the advice of a legal professional expert in traffic matters . A lawyer specializing in claiming compensation for damages suffered in traffic accidents is a legal professional who, in addition to knowing the laws that intervene in the claim procedure, also knows all those tools so that the victim can see the best possible compensation for their Rights.
That is, he is a specialist because in addition to knowing the Law, he knows those circumstances and tools that will help the victim to collect compensation according to their damages. In addition, for the Legal Defense of Insurance Policies, their fees must be assumed by their own insurance company. For more information on Legal Defense, consult other sections of our Blog where we explain at length what it consists of and how it is claimed.