To file a claim for compensation following a traffic accident, you must be aware of the laws that protect you, such as the Civil Liability and Insurance Act and the Compensation Scale. In addition, it is essential to have all the details of the accident in which you were involved and to gather evidence from the very beginning.
What can be claimed in a compensation claim?
The person who suffers the most in an accident may file a claim for compensation in the following situations:
- Damage to a car, motorcycle, or moped.
- Damage caused to protective gear by motorcyclists.
- Physical injuries or bodily harm, even if minor.
- Expenses related to transportation, parking, physical therapy, or rehabilitation.
- Damage to personal belongings such as cell phones, clothing, or eyeglasses, provided that a direct link to the accident can be established.
It is important to understand that property damage to personal items or accessories is assessed separately from damage to the vehicle. It is a common mistake to assume that everything is included in a single assessment, when in fact each item must be documented individually with receipts, photos, or technical reports.
What is the time limit for seeing a doctor in order to file a claim for compensation?
Article 135.1 of the Fee Schedule Act It stipulates that medical care must be provided within 72 hours of the accident. This timeframe is crucial so that physical ailments—especially neck pain or muscle injuries—can be directly linked to the accident.
In many cases, symptoms do not appear immediately, but any symptoms that develop within that timeframe can serve as the basis for a claim. Ignoring your symptoms or delaying a medical consultation can weaken your position with the insurance company. It is essential to properly document the progression of your condition.
On the other hand, the statutory deadline for filing a claim for compensation is one year from the date the injuries stabilize or from the date of medical discharge. This deadline may be interrupted by certain legal actions, so it is always advisable to consult with an attorney who specializes in personal injury law.
Step-by-Step Guide to Filing a Claim for Compensation After a Traffic Accident
Claiming compensation is not an automatic process. To obtain a fair outcome that reflects the damages suffered, it is advisable to follow a clear procedure:
1. Check to see if you can file a claim
The first step is to verify that there is a legal basis for the claim. A specialized attorney will determine this after reviewing the accident report, police reports, medical reports, and other documentation. The attorney will also analyze whether there was contributory negligence, a key factor in the legal strategy.
2. Make sure you have all the necessary documents
You'll need to gather evidence: medical reports, emergency room reports, X-rays, invoices, transportation receipts, prescriptions, etc. The more documentation you have, the stronger your claim will be. Remember to keep copies of everything and organize the documents chronologically.
3. Submit a claim for compensation to the insurance company
The claim must be submitted in writing to the insurance company of the at-fault vehicle. The insurance company has a legal deadline of 3 months to make a reasoned offer. This offer must be documented, explaining how each item was calculated. If the offer is insufficient or there is no response, legal proceedings may be initiated.
Types of Compensation Following a Traffic Accident
Compensation can be grouped into several categories, depending on the type of damage suffered:
- Compensation for temporary injuries: covers time off work, temporary aftereffects, and related medical expenses.
- Compensation for sequelae: This is calculated based on the medical scale and takes into account age, functional impact, and loss of quality of life, among other factors.
- Compensation for property damage: This ranges from vehicle repairs to the replacement of damaged items.
- Compensation for lost earnings: covers income lost as a result of the accident (self-employed individuals, employees, etc.).
What happens if you're not satisfied with the insurance company's offer?
In many cases, insurance companies make minimal or insufficient offers. If you disagree, you can pursue an out-of-court resolution (such as mediation) or file a lawsuit directly in court. In either case, it will be essential to have an expert medical report and the necessary legal support.
Civil liability lawsuits involving traffic accidents are common, especially when there is a discrepancy in the assessment of the resulting injuries. There may also be cases where medical reports are contested or where there are disagreements regarding the number of days of sick leave granted.
What should you do if the at-fault driver doesn't have insurance?
In Spain, the Insurance Compensation Consortium It covers bodily injury and property damage caused by uninsured, stolen, or unidentified vehicles. Claims are filed directly with this agency, following a specific procedure and with different deadlines than usual.
The consortium acts as an insurer of last resort, and although the process may be somewhat slower, it ensures that fair compensation is obtained even when the liable party fails to meet its legal obligations.
Carlos Baño's Opinion
At Carlos Baño Abogados, we believe that a claim for compensation cannot be treated as a mere formality. Every case has its nuances, hidden damages, and aspects that insurance companies do not always recognize fairly. That is why we are committed to providing personalized, thorough legal representation—without cutting corners.
We have helped hundreds of clients with their claims and know how frustrating it can be to face an insufficient settlement offer or endless red tape. At our firm, we fight for every euro you’re entitled to, based on a solid legal foundation and with the support of independent experts. You can contact us at Carlos Baño Law Firm or find us easily at Google Maps.
