Who pays, and why an independent lawyer is in your interest
After an accident it is normal to feel lost, not really knowing how to act or what to expect from the insurer. The rule is simple: the insurance of the vehicle at fault pays. Even so, your own insurer will usually offer you a claims service, that is, claiming on your behalf from the other company the compensation for your injuries, the damage to your vehicle and the income you have lost.
The problem with that service is that the people negotiating are employees of the insurer itself. In addition, there are agreements between insurance companies to settle certain claims among themselves. Insurers look after their own interests: the less they pay out in compensation, the more profitable the business. That is why I recommend talking to an independent lawyer as soon as possible, who can explain your rights and obligations and which documents you should gather and keep.
How compensation is calculated
Compensation for road traffic accidents is calculated using the valuation system laid down by law, known as the baremo (the statutory compensation scale). It is set out in the consolidated text of the Ley sobre responsabilidad civil y seguro en la circulación de vehículos a motor (the Spanish motor liability and insurance act), as reformed by Ley 35/2015. Its amounts are updated every year.
- Temporary injuries: the days it takes you to recover, according to how serious they are.
- After-effects (secuelas): the limitations or damage that stay with you permanently.
- Financial loss: medical and other expenses, and loss of earnings (lucro cesante), which is the money you are unable to earn.
For the valuation to be correct, it is key to see a doctor from the very start and follow the treatment until you are discharged. The medical reports are the main evidence of your injuries.
The prior claim and the reasoned offer
Before going to court, the law requires you to claim from the insurer of the person at fault. The insurer then has three months to send you a reasoned offer of compensation (oferta motivada), or a reasoned reply if it rejects the claim. Do not accept the offer without having it reviewed: accepting it usually closes the claim. If you do not agree, you can challenge it and, if necessary, take the claim to court.
Bear the time limits in mind. As a general rule, the right to claim compensation for an accident becomes time-barred after one year, although that period can be interrupted by a claim or by court proceedings. Do not let it run out.
Who pays my fees?
Many policies include legal expenses cover. In that case, the Ley de Contrato de Seguro (the Spanish Insurance Contract Act) gives you the right to choose your own lawyer freely, and the insurer usually covers the fees up to the limit set in the policy. If there is a conflict of interest, for example because both vehicles are insured with the same company or with companies in the same group, the insurer must inform you and remind you of that right. If your home, health or life insurance is not responding as it should, see also insurance claims. To get started, you can tell me about your case through the online consultation.