What can I do to get the maximum compensation in road accident cases?

Road accidents are, unfortunately, the order of the day. Every time we get behind the wheel of a vehicle on the road, there is always the risk of an accident. In this sense, in the event of an accident, it is always possible to obtain compensation from the insurance company. This article is focused on showing you everything you need to know to get the best possible one.

Fundamental requirements for obtaining compensation for a road traffic accident

The first thing to say is that it is of vital importance that the car or motorbike accident in question was not the fault of the injured party, as in such cases, there is no right to claim compensation. On the other hand, in the event that the other driver is responsible for the accident, it is also essential that the injuries are not resolved at the first visit to the accident and emergency department.

It is necessary to start from the premise that the compensation for traffic accidents is calculated, fundamentally, using as a basis the time necessary for the healing of the wounds and injuries. In fact, for each of the days a fixed amount is established which is added up to give the final figure. Obviously, if the health problems have healed during the first visit to the emergency room and there have been no further visits, the result will be zero as there is no quantifiable period.

There is only one exception in this sense, which is when there is a scar that affects the aesthetic level and that, despite not requiring periodic medical check-ups, are susceptible to compensation. These cases are not very frequent as, in general, it is usually necessary to go to the family doctor or to the infirmary for treatment, removal of stitches, etc.

Finally, we should also briefly mention those traffic accidents in which the victim is a pedestrian. In these cases, even if the pedestrian is at fault for not having crossed a zebra crossing or not having respected a red traffic light, for example, accident lawyers are able to obtain compensation for a pedestrian accident without too much difficulty.

Important aspects of road traffic accident compensation

We have already talked about the prerequisites to be eligible for accident compensation and now it is time to talk about the aspects that influence the amount of compensation. Based on them, it will be possible to obtain a higher or lower amount.

1. The valuation of the material damage to the vehicle

The first problem that a driver who has suffered a traffic accident has to face is the repair of the vehicle. Leaving aside the possible injuries suffered by the driver, the material damage is of great importance. Most people believe that the insurance company with which they have contracted their policy will look after their interests against third parties, but the truth is that this does not necessarily have to be the case.

The insurance companies have signed an agreement between them whereby the one in charge of repairing your vehicle will be the one with which the driver has taken out his policy, regardless of the fact that the responsible driver's policy is a different one. Evidently, if after analysing the collision it concludes that the price of the repair is excessively high, it will try to declare the vehicle as a total loss.

When insurance companies declare a vehicle as a total loss, they automatically offer the owner its market value, i.e. the value based on the model and date of registration. This is usually extremely low. By filing a claim, it is perfectly possible to get the vehicle repaired or, failing that, a significantly higher amount of money.

2. The better the treatment, the higher the compensation for the accident.

On arrival at the family doctor's after a first visit to the emergency room, the injured after an accident realise that the Social Security does not cover these contingencies as the insurers are responsible for providing treatment. Generally, these insurers offer basic and minimum coverage that the insured and their companions are not obliged to accept. As there is free choice of health care, other options can be chosen and, subsequently, the cost can be claimed as compensation.

3. Medical treatment is a free choice

If the affected person has private health insurance, he or she can turn to the company to provide the treatment and then claim the cost and even demand full reimbursement of those elements affected by the co-payment. You can also choose any other private option and then submit the cost of the bills in the claim. There are many clinics throughout Spain that offer free treatment to those injured in traffic accidents as they wait until the compensation is paid to receive the price of the bills.

4. The choice of lawyer is free

Practically all insurances have a cover by which it is possible to claim between 600 and 3000 euros for the hiring of a lawyer in case of a claim for compensation for a traffic accident. Therefore, in most cases, the legal representative's fees are paid under the concept of legal assistance. Beware of companies that, instead of having accident lawyers, only have mere processors who are not covered by such coverage.

In short, if you have recently suffered a mishap with your vehicle or simply want to know your rights to be well prepared for a car or motorbike accident and get the compensation you are entitled to and, why not say it, deserve, our lawyers can help you in everything you need. In fact, they are ready to lend you a hand in many other ways. If you do not know how to appeal a fine, for example, you can also let them do it for you.

If you need more information, do not hesitate to contact us.