In the case of being a victim of a traffic accident, we advise you to immediately contact the unit of traffic accident victims. The legal regime of traffic accidents, both for injuries and for damages suffered or caused is regulated by several rules, including Law 35/2015, of September 22, reform of the system for the valuation of damages caused to people in traffic accidents (BOE 228 of September 23, 2015).
Personal Injury Claim for Traffic Accident
In the referred legal norm, it establishes a system for the valuation of the damages caused to people in traffic accidents, which are indicated below. In circulation, he conceptually distinguishes between the determination of damage and its quantification.
Objective responsibility of the traffic accident
The determination of the damage is verified by establishing the strict liability for the risk created by the circulation. Article 1.1 LRCSCVM establishes that "the driver of motor vehicles is liable, by virtue of the risk created by the driving of these, of the damage caused to persons or property by reason of circulation."
The quantification of the damage caused by the traffic accident
The quantification of the damage, according to article 1.2 LRCSCVM, must be carried out "in any case according to the criteria and within the compensation limits established in the annex of this law", that is, according to the System for the valuation of damages caused to people in traffic accidents (usually called "scale").
Determination of the damage in the traffic accident
The determination of the damage is based on the principle of full reparation of the damages and losses caused. This is inferred from article 1.2 LRCSCVM, which defines as damages determining damages "the damages and losses caused to people, understanding the value of the loss suffered and the profit they have failed to obtain, foreseen, predictable or that they are known to be derived from the event, including moral damages. "
Owner and driver liability of the vehicle
The driver of motor vehicles is liable, in virtue of the risk created by the conduction of the same, of the damages caused to the persons or in the goods due to the circulation. The non-driver owner responds to the damages to the persons and the goods caused by the driver when he is linked to it. This responsibility ceases when the said owner proves that he used all the diligence of a good parent to prevent the damage. The exercise of this action is within a period of one year, art. 1,968.2 of the Cc., In relation to the 1,969.
Articles 1 and 7 of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles.
Traffic accident liability for the risk created
Such precepts determine the responsibility of the driver by virtue of the risk created in driving, which in this case has resulted in damages to the vehicle and injuries to the person, and the Insurance Company that, within the scope of compulsory insurance, there will be to satisfy the injured party the amount of damages suffered.
We are before a fact of the circulation as it regulates the article 2.1 of the Royal Decree 1507/2008, of 12 of September, by which approves the Regulation of the compulsory insurance of civil responsibility in the circulation of motor vehicles.
According to Article 1.089 of the Civil Code obligations arise from the law, from contracts and quasi-contracts and from unlawful acts or omissions or in which any kind of fault or negligence intervenes. The action or omission generating the cause of repair of the damage
Whoever, by action or omission, causes harm to another by intervening in fault or negligence, is obliged to repair the damage caused (Article 1902 of the Civil Code).
Injuries of the victim of a traffic accident
injury by accident Bodily injury is personal injury that is configured as the non-property damage that falls within the sphere of one's own body, that is, damage to physical and mental integrity.
And in turn, it can have certain pecuniary consequences, present and future, as well as others outside the economic or consequences that make up the so-called moral damages, which are also repaired, resorting to compensatory compensation.
What is meant by injury?
In Medicine it is understood by INJURY as "any morphological or functional alteration of the tissues caused by internal or external agents".
From the medico-legal point of view, the injury can be classified as:
- direct mortal injury of necessity or lack of relief,
- indirect mortal injury and non-fatal injuries; caused by external agents, whether mechanical, physical, chemical or biological, and internal (such as the effort that results in a muscle contraction).
Medical and legal concept of injury in traffic accidents
At present, the medical and legal concept of injury can be superimposed in relation to its nature; Regarding its origin, on the other hand, a natural pathology of a violent pathology is distinguished, the latter being the one that interests the Law.
It highlights two delimiting elements of the term, objective one and subjective the other but both of a negative nature, such as the lack of the result of death and the absence of intention to originate this result.
The lost profit in the repair of the traffic accident
In accordance with the principle of integral reparation of the damage caused, the regime of civil liability for damages to the person in traffic accidents includes loss of earnings.
In the area of the determination of the damage, Article 1 LRCSCVM includes in the damages and losses caused to people "the value of the loss suffered and the profit they have failed to obtain".
This phrase is taken from article 1106 CC, which is admitted peacefully that refers to loss of earnings.
The quantification of the damage of the traffic accident
In the area of quantification of damage, the Annex, first, 7, establishes as circumstances that are taken into account to ensure total indemnity for damages caused "economic circumstances, including those that affect the ability to work and loss of income of the victim, family and personal circumstances and the possible existence of exceptional circumstances that may serve to accurately assess the damage caused."
Bodily harm and the notion of disability
According to the foregoing, the most direct injury to the victim of bodily harm is the deterioration of his psycho-physical integrity. The measure of bodily harm is the degree of functional disability, which can be of two kinds, according to its duration and in relation to the consolidation of wounds. Thus, the disability according to their measure and depending on the period or time in which the victim suffers, determine their classification in temporary disability (partial or total), and permanent disability (partial or total).
Everyone has the right to be compensated for the damages and losses caused.
To request compensation for the damage or compensation, there are two ways:
- The extrajudicial: Without going to trial, negotiating with the insurance company the amount of compensation.
- The judicial: The Organic Law 1/2015 of March 30 that entered into force on July 1, 2015, which has amended the Criminal Code of 1995 has involved a wide modification of the Criminal Code and consequently the judicial claim of the accidents of circulation, deriving all the process to the civil route, with what it supposes of expenses for those involved in traffic accidents.
The claim will be processed by the so-called 'oral trial' or 'ordinary trial' depending on the amount claimed, in need of Attorney and Solicitor for amounts exceeding 2,000 euros.
The damages in the traffic accident
The damages that can be derived from a traffic accident are of two types: material and personal. In the quantification of damage, the same principle of full reparation for the damage caused applies. The criterion in the first paragraph, number 7, of the Annex lists the circumstances taken into account "to ensure the total indemnity of damages caused". Table II, according to the rules of the Second Annex, on the explanation of the system, describes the criteria for weighing the "remaining damages and losses caused" in the case of death, that is, those that exceed the basic compensation resulting from the application of Table I. This principle is also applicable to Table IV, in the case of permanent injuries, whose explanation refers to that of Table II.
Thus, Table IV describes the criteria for weighing the "remaining damages and losses caused" in the case of permanent injuries, that is, those that exceed the basic compensation that results from the combined application of Tables III and VI.
The material damages in the traffic accident
They are those defects that affect the vehicle as a result of the traffic accident.
In these cases the company will designate an expert to make a report in which, firstly, it will state if the damages presented by the vehicle coincide with those declared in the 'accident part' and secondly, it will issue a valuation of the same.