Table of contents
A road traffic accident compensation is a financial and personal compensation received by the injured party in a road traffic collision. Its purpose is to restore the financial situation that the injured party had before the accident. The responsibility for payment always lies with the person who caused the damage. Here we would like to discuss this topic in more detail.
Compensation for car accidents: key concepts
First of all, we must say that traffic accidents have their own regulation in terms of 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 29 October).
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 the damage was caused by a fortuitous situation such as, for example, 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 was caused by the negligence of the injured party or by force majeure, the responsible party will be exonerated from paying compensation for injuries and other personal damages for the traffic accident. However, he is not exempted from compensation for property damage until the fault of the other driver is proven.
However, with regard to the latter, there are also two exceptions. The first refers to the reciprocity of damages. That is, if the damage resulting from a collision is equal and it is impossible to prove which of the two drivers is more at fault. The other revolves around the exclusive liability of the victim. To prove this there must be rigorous evidence.
Calculating road accident compensation
Many people wonder how much is charged for a road traffic accident. However, it is difficult to determine. This is mainly due to the fact that material damages are easily quantifiable, but personal damages are not. In addition, the Civil Code establishes the obligation to add the loss of profit to the material value lost.
This is where the 2022 accident scales come into play (we specify the year as they are updated every 12 months). They specify the following:
- Basic personal injury day. 32,40 €.
- Day of moderate personal injury. 56,15 €.
- Day of serious personal injury. 81 €.
- Day of very serious personal injury. 107,98 €.
The tables of these traffic accident scales establish the valuation system for personal injuries and damages, including those related to 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 earnings.
How to file a traffic accident claim?
The law makes it compulsory to take out civil liability insurance for drivers for several reasons. The most important is to guarantee compensation for damages caused to users of Spanish roads. For this reason, there is an amicable system that tends to resolve the vast majority of cases.
On the other hand, when the amicable procedure is not fruitful or is not possible (for example, if it is not determined who is at fault or if one of the drivers did not have the compulsory civil liability insurance), there is no choice but to go to the civil courts. This is mainly due to the fact that most traffic accidents cannot be considered crimes, but civil wrongful acts. The most common exceptions are collisions resulting from road safety offences.
How to collect road accident compensation?
The injured driver and the other occupants of the vehicle, as well as children under 14 years of age, even if they are responsible for the accident, are entitled to receive this type of compensation. The same applies to pedestrians, unless the accident was their fault.
The traffic accident claim must be submitted to the insurance company, which will be responsible for making a reasoned offer of compensation. This is a 'sine qua non' requirement in order to be able to file a civil claim form for a traffic accident at a later date, 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 file the claim.
Normally, the dispute will end here. However, there are occasions when there is no choice but to go to court. In this case, as much evidence as possible should be attached. The police report is the most important. The hiring of a lawyer is also mandatory.
Examples of road traffic accident compensation
Before concluding, let us discuss the average compensation awarded for various types of injuries:
- Loss of a tooth. 700 €.
- Loss of hearing. Between €700 and €320,000, depending on the degree.
- Partial loss of sight in one or both eyes. Between €45,000 and €50,000.
- Total loss of sight. Around €550,000.
- Loss of tongue and speech ability. Around €100,000.
In short, these are some examples of road traffic accident compensation. However, the amount may vary depending on the severity of the injuries, so it is not advisable to take them literally. We hope we have helped you to understand this complex issue. As always, we recommend that, if in doubt, you contact a lawyer who specialises in this area.
A lawyer in less than 24 hours.
We defend your interests"Anywhere in Spain"
With our online appointment system you will have immediate advice without the need for face-to-face visits or travel.
One of our lawyers specialized in your area of interest will contact you to formalize an appointment and make your consultation by video call.
