In order to execute a claim for compensation after a traffic accident, you must be aware of the laws that cover you, such as the Law on Civil Liability and Insurance and the Scale. As well as to know all the data of the accident in which he was involved.
The claim for compensation in a traffic accident is carried out when the injured party demands from the person who caused the accident a compensatory payment for the economic damages and injuries suffered. Apart from this, there are other forms of claims that proceed as we will see below.
What can be claimed in an indemnity claim situation?
The person who bears the brunt of an accident can make a claim for compensation in the following situations:
- Damage caused to the car, motorcycle or moped.
- Damage caused to protective equipment in the case of motorcyclists.
- Physical damage.
- Costs of parking, private or public transportation to attend rehabilitation therapies or medical consultations.
- Damage to accessories, technology equipment, clothing, among others, provided that it is verified that the damage was caused by the accident.
It is worth mentioning that the appraisal of the accessories or equipment damaged during the accident will not be added to the total cost of the damages suffered by the motor vehicle.
How long does one have to attend a doctor in order to claim compensation?
According to the provisions of article 135.1 corresponding to the
Schedule Law
which is the legislation that determines the compensation to be received due to traffic accidents. A chronological order must be established in relation to the compensation to be received for minor physical damages.
For this reason, the affected person must attend a medical consultation within 72 hours after the accident. Occasionally, minor discomforts usually arise within this time period. For this reason, it is important to be alert to any symptomatology in the spine or cervical spine.
In order to claim compensation for minor damages, the law establishes that the affected party has up to one year to demand payment for the injuries suffered from the person who caused the accident. These expenses may be borne by the injurer or, failing that, by his heirs.
Step by step for claiming compensation in a traffic accident
In order to correctly claim compensation in an accident, it is necessary to follow the following steps:
1. Verify that you can make a claim
Make sure in advance if the claim you wish to make about the accident has a legal basis. To do so, it is necessary to obtain the services of a lawyer who specializes in this area. The lawyer you contact will proceed to review your case and with the help of the documentation you have will see if it is viable or not to make the claim.
2. Verify that you have the required documents
Some of the documents you should have are medical reports that support the physical and material damages suffered. Receipts derived from expenses originated by attendance to therapies, medical consultations, transportation, repairs, among others. Thanks to these papers you will have a guarantee in case they are requested by the insurance company to accept your claim.
3. Send a claim to the insurance company
If you already have all the documents mentioned in the previous section, the next step is to send the claim to the insurer of the injurer to request the compensation you are entitled to.
The insurer has up to 3 months to respond to your claim request. Keep in mind that upon receiving the notice from the insurance company you should seek legal advice from a legal expert to verify whether the insurance response is favorable.
Having the advice of a lawyer when filing a claim for compensation is important to deal with insurers. He will proceed to review your case and determine whether you have the necessary grounds to file a claim. With the help of the lawyer you will be able to obtain a good payment from the insurance company.
