After the accident, the policyholder, the insured or the beneficiary shall give account of the accident to the insurer within seven days than they have known, unless in the policy has been established within the broader communication, in which case this term to provide for communication. Failure to comply with this obligation by the policyholder, the insured or the beneficiary shall entitle the insurer to claim for damages is likely to occur for this reason, unless the insurer has knowledge of the incident by other means. This submission to the insurer, the liable persons must provide all information at their disposal on the circumstances of the incident and the consequences that may have taken and within five days from the notification, shall communicate in writing existing objects when the incident occurred, which would have been saved, and shall estimate the damages. To expedite the compensation, the insurer must provide copies of the so-called "drafting of an accident" that will need to use the driver to report the accident to your insurance company.
Within three months after the insurer received the claim of the injured, will have to make a reasoned offer of compensation if the accredited understood and assessed the damages liability. The proposal should include separately the valuation and compensation for damage to people and property. The injury was quantified according to the criteria and amounts fixed in the Schedule to the Act. The proposal will contain a disaggregated and detailed documents, reports or other information is available to assess damage and identify those who were taken into account to quantify compensation for the injured have all the evidence to accept or reject the proposal. Should be noted that payment of the amount is not subject to the waiver of the injured for future actions in the event that the compensation received is less than the that might apply and in any case, the insurance may cover the amount offered. If the insurer does not perform the reasoned offer of compensation or if the claim is rejected, reasons must respond stating the reason that prevents you from making the offer and must contain a disaggregated and detailed documents, reports or other information available to it stating the reasons to not give an offer, indicating that it is not necessary for the acceptance or rejection of the injured, or that affect the exercise of any actions that may be entitled to enforce their rights. In any case, the insurer must strengthen civil liability and pay the pensions they were required by the judicial authority.
If three months elapse without the insurer has submitted its bid due to unjustified reasons or because it is attributable to him or if made has been accepted by the injured and would not have been satisfied within five days or had not been consigned to amount to compensate, the interest for the period, so that the insurer must keep from the moment you claim to know the existence of conduct diligent in quantifying the damage and the payment of compensation.
The injured person has several legal remedies to enforce their claims for compensation for the damages you have caused. You are entitled to the criminal and / or civil administrative and back to the administrative dispute, when such damage to bring their liability because of the way and even work as there is support for some actions when the accident also it is working. The fact of the circulation, and therefore the accident, has specific characteristics according to the area in which we stand, and in criminal matters (liability for crimes and misdemeanors) dominates the interpretation of behavior, characteristic unlawful, guilty and punishable by law and the principles of the criminal process, both in summary proceedings as the trial of misdemeanors. In the civil (tort) with the criteria of Article 1902 and following of the Civil Code are prosecuted by the oral proceedings of the car and the criteria of the quasi-objective or objective responsibility that motivates the self named, maximum amount which leads to the automobile executive action. And at the administrative level, as I said, the criteria of so-called liability of the administration, which are triable in the field of administrative jurisdiction.
In crimes and misdemeanors relating to vehicle traffic, the accident is qualified in care of wrongful result occurs or circumstances that may be involved, so there may be crimes of grievous bodily harm to Article 152 of the CP, relative to the lesions described in Articles 147 and following, lack of grievous bodily harm Article 621.3 of the CP, crimes against national security traffic from articles 379 to 385 of the CP and the crime of reckless damage Article 267 of the Code. To exercise the criminal proceedings should be taken into account that for an injury caused by motor vehicle or vehicular traffic not constitute a crime or misdemeanor, the violation must have received medical or surgical treatment, in cases of crimes against traffic safety, which are crimes of risk, provided they are punishable by more severe penalty will apply this type although the result is produced by the accident injury or damage that may be sanctioned for other criminal offenses that reckless damage alone be punished if they exceed € 80,000 and that the lack of injuries and the offense of reckless damage may be prosecuted only at the request or complaint by the aggrieved person or his legal representative, which may be brought within six months, in the case of failure, and while the offense is not prescribed in the case of crime, other crimes (against injuries and traffic safety) criminal proceedings are initiated ex officio. In criminal proceedings may be aggregated with the criminal and civil claims and the injured party is entitled to exercise them jointly, to give up a book or other civil action and to exercise it separately.
As to civil matters, as in Article 7 of the revised Law on Civil Liability and safe movement of motor vehicles, the insurer, within the scope of compulsory insurance and insurance charge compulsory subscription, be borne by the injured party the amount of damage suffered in his person and property and both the injured and their heirs shall have direct action against the insurer to demand, action prescribed by the course of a year.
When criminal proceedings have been initiated by an event covered by the seguroobligatorio and had declared the absence of the accused, or has been finally acquitted or other decision making order, temporary or permanently, without a declaration of liability if the injured party had not waived the civil action, or to exercise it had booked separately, before agreeing to file the case, the court shall issue an order in which determine the maximum net amount that can be claimed as compensation for damages as assessed under the scheme set out in the annex to the law. If it does not offer or, where appropriate, reasoned, as has been mentioned, the judge convened a hearing to be input supply or reasoned and to make relevant claims. If that appearance is produced according of the parties, would be approved by the judge as court settlement, otherwise the order would be issued.
The order would open the door to the possibility of opening the "auto executive action" under the Civil Procedure Act, so that recourse to criminal process prior is done in most of the time with the only true purpose of obtaining an enforcement and redress that may not otherwise be obtained.
Article 14 of the text of the law on civil liability and safe movement of motor vehicles, establishing a requirement or procedure prior to procedurability by preparing a series of steps that must be made before filing the relevant civil procedure, so when the events are not the subject of criminal proceedings or has been reserved in the process of civil action, the injured party seeks claim to the insurer in a civil must do "before the trial judge or trial, before a magistrate or a notary of the place of the act or of his domicile, residence or whereabouts," a statement on the circumstances of the accident, identifying injured people, damaged items, the vehicle and the driver intervened and the specification of the insurer. A certification such a declaration or an authorized copy, along with damage assessment issued by an insurance inspector, shall be submitted to the insurer, who in eight days, with the possibility of involving an expert on it, pay the both experts agreed amount. If no agreement would proceed as provided in Article 38 of the Insurance Contracts Act, ie a third expert would be appointed under or expert appointed by the Court of First Instance, which would be requested to act and tramitaría voluntary jurisdiction and procedures of balloting of experts under the Civil Procedure Act. In the 10 days following the setting compensation for the expert the insurer will have to satisfy. Expenses incurred by the expert appraisal obtained in civil proceedings will be included in the taxation of costs, unless there was overestimation of damages by the injured party, in this case, will be in your account. Be deemed to exist when they claimed that over 25% exceed the figure laid down by the expert.
civil jurisdiction of the notion of fault or negligence of the Civil Code Article 1902 and Article 1 of the text of the law on civil liability and safe movement of motor vehicles must be a causal link between the wrongful act or omission and the damage to compensate, which is interrupted only when the event occurs due to force majeure unrelated to the conduct or operation of the vehicle. The same article 1 refers to the concurrence of guilt as a moderator of responsibility. In addition to the aforementioned executive action of the car the claims of the parties may be enforced by the oral, covered in the additional provisions 1 and 2 meetings of the LO 3 / 1989 updating the Penal Code and Articles 720 and following of the Law Civil Procedure, which is a special declarative process, whatever its amount, relating to compensation damages incurred in connection with the movement of motor vehicles and whose objective territorial jurisdiction for the district court where the party of the accident occurred. In these procedures is mandatory intervention by solicitors and barristers under their specialty.
Finally, when the damage or injury due to liability of public administration will be possible to bring an administrative complaint, provided the damage is illegitimate and illegal act that the victim has no duty to support, there is a causal link between the injury and the causative agent, ie, the administration is the author of the act or omission and the damage is individualized and economically assessable question of actual injury, not potential or future, such damage is a result of normal or abnormal functioning of public services and no expired claim for the course of time, which is one year from the event or action giving rise to compensation or to manifest its harmful effect. If it is physical or psychological injuries within begin to run from the recovery or the determination of the scope of the aftermath.
is necessary prior administrative procedure before the administration concerned, in that the injured party may make representations and adduce evidence and propose the hearing process, including notifying the resolution expresses the person concerned within six months or be understood rejected by silence. At this stage no action is required of a lawyer or solicitor and the insurer of the Board may appear making allegations or giving evidence. Against the decision to put an end to the proceedings may be brought, the administrative appeal.
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