Know the keys you need to know in case of a traffic accident.

It is very likely that you have ever been involved in a traffic accident. We know how cumbersome it can be, so we tell you what you should know if you find yourself in one and the rights you have.


Esther Sánchez Páez

9/16/2021 3 min read

If you are involved in a traffic accident, the first thing to keep in mind is that you should never just leave the scene of the accident. It does not matter whether or not you have caused the accident. Keeping calm, even though it is a tense moment, is fundamental.   

First of all, we must try to reach an agreement with the other party involved by filling out the friendly report form that insurance companies usually provide. It is necessary to bear in mind that in many occasions the parts do not agree, reason why it is necessary to call to the national police or civil guard so that it raises an attestation. Likewise, if the damages are serious and/or there are personal injuries, it is necessary to call one of them too. The attestation is essential as evidence in the event of a subsequent trial.   

what to know if you are involved in a car accident

Secondly, in the case of personal injuries, it is necessary to request a medical assistance report and the clinical reports up to the moment of discharge, in the case that a sick leave has occurred, since this documentation is fundamental to be able to request the compensation.   

Thirdly, you must notify your insurance company of the accident within a maximum period of 7 days. Normally, these insurances have legal assistance, but we recommend that you hire an external lawyer to look after your interests rather than the interests of the insurance company.   

It is important to know that, if there are indications of a crime, filing a criminal complaint has a term of 6 months. In the case that it is only a claim for damages and injuries, the term is one year from the time of the accident.   

If you are the victim of a traffic accident or hit-and-run, you should contact a lawyer to initiate the proceedings and be able to request compensation. First of all, we will make a quantification of the material and personal damages.   

What material expenses can you claim? The usual expenses are the following:   

  - Repair of damages to the vehicle or compensation in case it cannot be repaired or the repair of the vehicle is higher than the value of the vehicle.   

  - Transportation expenses, both of those that have had to be used on the same day and possible rentals in the event that it is necessary because the vehicle is being repaired.   

  - Clothes and belongings that have been damaged or broken at the time of the accident (cell phones, glasses, clothes, etc). It should be taken into account that it is likely that an invoice will be requested and the insurer will indemnify taking into account the depreciation of such products.   

  - Orthopedic or pharmacy expenses for medication.   

On the other hand, the quantification of personal damages is not such a simple task. In this case, it is necessary to take into account different factors that may influence the extent and repercussion of the damages. For example, factors such as whether the accident has caused death, permanent injury or disability are taken into account in relation to the compensation.  It is therefore necessary to make an individual quantification, to have all possible medical documentation available and to study the case carefully.   

What are the steps to follow?   

First of all, an out-of-court claim will have to be filed, negotiating the compensation with the insure company. This requires a clear study of all the material and personal damages before making the claim to the insurer.   

But if there is no agreement or the accident may be a crime, it should be done through the courts. In the first case by filing a lawsuit in the civil courts and in the second case by filing a complaint, which will be processed through the criminal procedure and if there is a crime, compensation may be requested at the time of the trial.   

If you have more doubts or you are involved in a traffic accident, do not hesitate to contact us. From Bufete Murillo Cinco we will look after your interests and the resolution of your accident as quickly as possible.   


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