September 1, 2014
Were you involved in a traffic accident? Are you suffering from injuries as a consequence of the accident and aren´t sure what to do and how to proceed? In compensacion.es we offer you ten steps to follow after having incurred damage from traffic accident in order to help you claim a corresponding compensation.
1. After having been in a car accident, one of the most important things to do is to obtain reliable evidence that the accident did in fact take place. Such evidence must disclose information relating to the accident, such as who was responsible for causing it. It is advisable to sign a friendly notification of an accident with the driver of another vehicle. If you do not have the standard accident report form, you can write and sign the declaration on a blank sheet and which would be just as valid. The necessary data that should appear in this document are the registration of the other vehicle and driver´s details. Moreover the document should clearly specify the insurance company and the policy number. In the case where the two sides have not reached an agreement, you should call the local police or the Guardia Civil and they would write up the report. It is also advisable to get hold of a possible eyewitness and get their details, because they could be needed in the court to testify in your favor.
2. The second step involves the victim of the accident going to the medical centre for medical examination. It is important to have the doctor assess your physical and psychological condition, as afterwards you would be issued a medical report, which is one of the essential pieces of evidence. Some injuries or post-accident effects may not appear immediately after the accident, but a day or so later. That is not an issue, but we would urge you to see the doctor as soon as you feel any pain or discomfort.
3. Once you have been assisted by the doctor, you must inform the insurance company about the accident. It is important to note that you have seven days to notify them from the day of the accident.
4. It is highly recommended to retain all invoices, receipts and prescriptions relating to the accident, so that your lawyer could request a refund on the amounts spent because of the accident caused by the other party.
5. When conducting the complaint, it is essential to have the advice and guidance of an experienced lawyer. Try to not pay attention to the comments of your friends and acquaintances, as every case is different and subject to different variables. You cannot base your claim on the comments and decisions made in respect to another case, similar to yours.
6. For the same reason, it is advisable to hire an independent lawyer to advise and represent you instead of opting for the approach proposed by the insurance company lawyer. Your insurance company can also provide you with a lawyer, but there may be a conflict of interest. Moreover, lawyers provided by insurance company are quite often difficult to get hold of or to schedule a meeting at a convenient time for you, which is vital to have in order to perform these types of procedures.
7. Please ensure that you read all documents before you sign anything. If the insurance company offers you compensation, you should pay attention to the outlined conditions and make sure that by signing the document you aren´t waiving any of your rights. It is not appropriate sign a release waiving further actions that would allow you to get the rest of the compensation that you are entitled to.
8. It is important that you follow recommendations with regards to medical treatment provided by your doctor. The reason for that is, in some cases, the Court decided against claimant due to the fact that the latter did not follow the medical treatment, which made the Court think that the injury wasn´t real.
9. When you are asked to attend the appointment with the Doctor as appointed by the Court, it is essential that you provide him with all the medical documentation available to you, including the certificate from the emergency room, as well as the prescriptions for the medication. If you do not show all the documentation, the doctor may not have sufficient information to assess the extent of injuries and this may directly affect the amount of compensation you will receive.
10. As a final point, remember it is highly advisable to hire the services of an independent experienced lawyer who can answer all the questions that may arise during the process and assess whether the economic proposal issued by the insurers fits your situation.