Compensation for a traffic accident is financial and personal compensation received by the victim of a road collision. Its objective is to restore the patrimonial situation that it had before suffering the accident. The responsibility of the payment is always of the originator of the damage. Here we want to talk in depth about this topic.
Compensation for a car accident: key concepts
First of all, we must say that traffic accidents have their own regulation regarding compensation. We are talking, of course, about the law on civil liability and insurance in the circulation of motor vehicles (Royal Legislative Decree 8/2004, of October 29).
It specifies that the driver responsible for the accident is obliged to compensate the injured party for the damages he has suffered. It does not matter if they were caused by a fortuitous situation, such as the failure of a part or mechanism of the car.
Are there any exceptions to this rule?
Yes, and we can find it in the same legal text. Specifically, it states that, if the accident has been caused by the negligence of the injured party or by force majeure, the person responsible will be exempt from paying compensation for injuries and other personal damages for the traffic accident. Of course, it is not exempt from compensating for material damage until the fault of the other driver is proven.
However, regarding the latter, there are also two exceptions. The first refers to the reciprocity of damages. That is to say, if the damages derived from a collision are equal and it is impossible to prove which of the two drivers is more at fault. The other revolves around the sole responsibility of the victim. To prove this there must be rigorous evidence.
Calculate compensation for a traffic accident
Many people wonder how much is charged for a traffic accident. However, it is difficult to determine. This is mainly due to the fact that material damage is easily quantifiable, but personal damage is not. In addition, the Civil Code establishes the obligation to add the lost profit to the material value lost.
This is where the 2022 accident scales come into play (we specify the year since they are updated every 12 months). They specify the following:
Basic Personal Harm Day. €32.40.
Day of moderate personal injury. €56.15.
Day of serious personal injury. €81.
Day of very serious personal injury. €107.98.
In the tables of these scales for traffic accidents, the valuation system for personal damages and losses is established, including those that have to do with the death of the injured party, permanent sequelae or temporary injuries. The basic and particular damage is also determined, as well as consequential damage and loss of profit.
How to file a traffic accident claim?
The law requires the hiring of compulsory civil liability insurance for drivers for various reasons. The most important is to guarantee compensation for damages caused to users of Spanish roads. Therefore, there is a friendly system that usually resolves the vast majority of cases.
For its part, when the friendly route is not fruitful or is not possible (for example, if it is not determined whose fault it is or if one of the drivers did not have the mandatory civil liability insurance), there is no other choice but to go to civil jurisdiction. This is mainly due to the fact that most traffic accidents cannot be considered crimes, but rather civil crimes. The most common exceptions are collisions resulting from the commission of crimes against road safety.
How to collect compensation for a traffic accident?
The injured driver and the rest of the occupants of the vehicle, as well as those under 14 years of age, even if they are responsible for the accident, have the right to receive this type of compensation. The same is true for pedestrians, unless the accident was your fault.
The traffic accident claim must be filed with the insurance company, which will be responsible for making a reasoned offer of compensation. This is a ‘sine qua non’ requirement to be able to present a civil claim model for a traffic accident later, unless the damages are derived from the commission of a criminal offence. The injured driver has one year from the date of the incident to present it.
The normal thing is that the conflict ends here. However, there are times when you have no choice but to go to court. In this case, all possible evidence must be attached. The police report is the most important. Hiring a lawyer is also mandatory.
Examples of compensation for a traffic accident
Before concluding, we are going to comment on the average compensation that is granted for various types of injuries:
Loss of a dental piece. €700.
Hearing loss. Between €700 and €320,000, depending on the grade.
Partial vision loss in one or both eyes. Between €45,000 and €50,000.
Total loss of vision. About €550,000.
Loss of language and speech ability. Around €100,000.
In short, these are some examples of compensation for traffic accidents. However, the amount may vary depending on the severity of the injuries, so it is not convenient to take them literally. We hope we have helped you understand this complex issue. As always, we recommend that, in case of doubt, you contact a lawyer specialized in the matter.