I have suffered a traffic accident. What is the deadline to claim?

In the case of injuries resulting from a traffic accident, we must distinguish two periods. Firstly, we have six months from the date of the accident to file a complaint with the magistrate for a misdemeanor of injuries. Secondly, we have one year from the date of the accident or the date of stabilization of injuries to bring an action before the Court of first instance. In any case, if you have a traffic accident less than a year ago, you can claim. If it was less than a year ago that you received medical discharge, you can also claim.
In the case of damages to consumers and users arising from defective products, the deadline to apply for compensation is 3 years.

I have suffered a traffic accident. Do I have to give a report to my insurance company?

If you have suffered a traffic accident, you have the legal deadline of seven days to reliably let your insurance company know so that they can process the accident.

The vehicle which caused the accident has fled the scene. Can I claim?

If you’ve been injured, you can claim. Lexland Lawyers will process your claim against the Consorcio de Compensación de Seguros, the insurance entity of public law responsible for compensating those injuries suffered by people when the vehicle flees the scene.

The vehicle that caused the accident has no insurance. Can I claim?

You can claim. Like in the case of cars that flee the scene of the accident, the Consorcio de Compensación de Seguros is responsible for your compensation.

My vehicle has been undergoing repairs for several weeks and I have not been able to work during that time. I am self-employed and I need my vehicle to earn a living. Am I entitled to compensation?

Sometimes, professional such as taxi drivers or distributors carry out their professional activities thanks to their vehicle. When it is damaged, they must stop working to have it repaired, with the consequent loss of income. Lexland lawyers can claim the lucro cesante (lost income) as a result of the accident. Call us and tell us about your case.

I have suffered a traffic accident. What documentation do I need to show my lawyer?

You must provide your lawyer with a photocopy of your ID, friendly accident statement, the names and contact information of witnesses, your insurance policy, copy of the last premium paid to your insurance company, any supporting medical documentation of your injury and invoices of pharmacy, physiotherapy as well as all the documentation that serves to demonstrate the damage and injuries.

My policy includes a clause called “legal defence”. What does mean?

This means that your insurance policy includes your right to appoint a lawyer of your choice, who will defend your interests and rights independently of the insurance company. Lexland lawyers always advises you to seek the advice of an independent lawyer with experience in this area. Your independent lawyer will look after your interests, not those of the company that ends up paying you.

How much does a claim for damages cost?

Lexland offers its customers various rates, including the No win no fee system. This fee is very competitive and allows the injured party to claim compensation without paying legal fees up front. The client only pays when his case is won and he receives his compensation.

My insurance company has sent me a settlement with the compensation that belongs to me. What should I do?

Lexland Abogados advises you to always leave the assessment of the compensation that belongs to you in the hands of experts in the field, because sometimes there are several claims that are compatible with each other and the insurance companies tend to offer less than what really belongs to you. If you sign your acceptance of the settlement, you cannot claim compensation later.

How is compensation calculated?

In cases where injuries or damages are caused as a result of a traffic accident, the compensation is calculated in accordance with the system for the assessment of damages caused to persons in road accidents, which is annexed to the Royal Legislative Decree 8/2004. This system is commonly called the Scale.
On the other hand, if we are outside the sphere of traffic accidents, the judges and courts can choose to apply the scale. If they did not, they must then explain each sum compensation of that is awarded.

Who will determine the extent of my injuries?

Once we submit a complaint in court, the forensic physician attached to the courts shall be the independent professional that will, without cost, review and determine what injury you have and how many days it will take to recover from them.

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