What happens if I am involved in Traffic accident?
In this week's column I'm going to explain all the legal aspects concerning the car accidents that unfortunately so often occur on our roads here in Spain.
If you ever are involved in a traffic accident in Spain you must be warned that it is advisable not to sign any "friendly" report regarding responsibility for the accident, otherwise you could state by signing that the accident occurred is your fault! If you get harmed or injured in some way you should rush to the hospital nearest to where the accident took place to have medical assistance and then, you'll be given the famous medical report".This medical report is so important in order to show future evidence to the Judge that you were harmed in the accident.
There are two ways to proceed after having an accident according to the Spanish Legal System.
The first one is the criminal denuncia or denunciation in the duty Court or Juzgado de Guardia where the accident took place. This Is ruled by the LECRIM (criminal enjudgement proceeding Act) which 1 mentioned in last week's column. Is important to know that you have six months to bring the denuncia to the Court although is recommended to do it when you recover from your major injuries and go to see a Spanish Lawyer. You should also report the accident to the insurance company and give the "parte de accidente" within three days since the accident occurred, then the company starts all the paperwork in order to pie-examine the accident and the possible damages to pay.
The denuncia is be Issued In Court only in a case where you have been injured or harmed, this is very important to remember, because the criminal proceeding, which may be a bit faster than the civil action, is only suitable for the purpose to denounce that you suffered injuries. These injuries must be treated in hospital not only in the first instance, but this should continue for more treatment in hospital or in a Physiotherapist, otherwise the case would be automatically not suited and cancelled by a Judge Decree.
In a few weeks or months after the denuncia is issued in Court, your lawyer will phone you to go to see the Court forensic doctor or medico forense. He or she will check out your injuries and the treatment you have received from the hospital or "physio" and will make an official report to the Judge with the parties involved in the lawsuit where all the consequences from the accident are analyzed. Before going to the forensic, don't forget to bring all the medical documents with you, this is very important for the valuation of the damages, in order to get the indemnification or for the negotiation and a possible deal with the
insurance company that suits you.
On the other hand, the civil action, established on the new LEC or Ley de Enjuldamiento Cicil (Civil Proceeding Act), from the Article 437 to Article 447, enacted in 2000 and in force since January the first, 2001, provides an action called the Demanda de Jufcto Verbal.
The maximum term to issue this demanda or civil action in Court for damages caused by an accident is one year since the accident occurred. Once the Court receives your Demanda, within the term of 5 days there will be a Resolution of allowance to go ahead with the procedure against the defendant. This Resolution, called Auto de admission a tramite, must be officially notified to the defendant or respondant and it will contain the date and time for the hearing in Court. The defendant must hire a Lawyer for the procedure or if he or she can't afford it, after proving this to the Ministry of Justice, then a free lawyer will be awarded for defence. If you are the defendant and think the Court you were sued in is not the right one, you can appeal this Resolution or Auto within the term of five days since you are notified. If you have a witness or witnesses of the accident, you are given three days to appoint them to testify.
If you, the claimant, do not appear on the scheduled day to the hearing then you'll be considered as desisted to the procedure and
the Judge will pass a final acquittal Resolution for the defendant.
After ten days since the hearing took place, the Judge will pass the Final Judgement or Sentenda, where the total amount that the defendant must pay will be stated, and if so, the costs of the procedure will have to be paid by him or her. This Resolution could be appealed in the Court of Appeal in Alicante or Elche (if the hearing is in Torrevieja or Orihuela, for instance) within the term of five days. And this new proceeding could last for several months or even one or two years.
gabrlelpadilla@)icae.es
Gabriel Padilla, Lawyer.
Taken from a newspaper August 2007
In this week's column I'm going to explain all the legal aspects concerning the car accidents that unfortunately so often occur on our roads here in Spain.
If you ever are involved in a traffic accident in Spain you must be warned that it is advisable not to sign any "friendly" report regarding responsibility for the accident, otherwise you could state by signing that the accident occurred is your fault! If you get harmed or injured in some way you should rush to the hospital nearest to where the accident took place to have medical assistance and then, you'll be given the famous medical report".This medical report is so important in order to show future evidence to the Judge that you were harmed in the accident.
There are two ways to proceed after having an accident according to the Spanish Legal System.
The first one is the criminal denuncia or denunciation in the duty Court or Juzgado de Guardia where the accident took place. This Is ruled by the LECRIM (criminal enjudgement proceeding Act) which 1 mentioned in last week's column. Is important to know that you have six months to bring the denuncia to the Court although is recommended to do it when you recover from your major injuries and go to see a Spanish Lawyer. You should also report the accident to the insurance company and give the "parte de accidente" within three days since the accident occurred, then the company starts all the paperwork in order to pie-examine the accident and the possible damages to pay.
The denuncia is be Issued In Court only in a case where you have been injured or harmed, this is very important to remember, because the criminal proceeding, which may be a bit faster than the civil action, is only suitable for the purpose to denounce that you suffered injuries. These injuries must be treated in hospital not only in the first instance, but this should continue for more treatment in hospital or in a Physiotherapist, otherwise the case would be automatically not suited and cancelled by a Judge Decree.
In a few weeks or months after the denuncia is issued in Court, your lawyer will phone you to go to see the Court forensic doctor or medico forense. He or she will check out your injuries and the treatment you have received from the hospital or "physio" and will make an official report to the Judge with the parties involved in the lawsuit where all the consequences from the accident are analyzed. Before going to the forensic, don't forget to bring all the medical documents with you, this is very important for the valuation of the damages, in order to get the indemnification or for the negotiation and a possible deal with the
insurance company that suits you.
On the other hand, the civil action, established on the new LEC or Ley de Enjuldamiento Cicil (Civil Proceeding Act), from the Article 437 to Article 447, enacted in 2000 and in force since January the first, 2001, provides an action called the Demanda de Jufcto Verbal.
The maximum term to issue this demanda or civil action in Court for damages caused by an accident is one year since the accident occurred. Once the Court receives your Demanda, within the term of 5 days there will be a Resolution of allowance to go ahead with the procedure against the defendant. This Resolution, called Auto de admission a tramite, must be officially notified to the defendant or respondant and it will contain the date and time for the hearing in Court. The defendant must hire a Lawyer for the procedure or if he or she can't afford it, after proving this to the Ministry of Justice, then a free lawyer will be awarded for defence. If you are the defendant and think the Court you were sued in is not the right one, you can appeal this Resolution or Auto within the term of five days since you are notified. If you have a witness or witnesses of the accident, you are given three days to appoint them to testify.
If you, the claimant, do not appear on the scheduled day to the hearing then you'll be considered as desisted to the procedure and
the Judge will pass a final acquittal Resolution for the defendant.
After ten days since the hearing took place, the Judge will pass the Final Judgement or Sentenda, where the total amount that the defendant must pay will be stated, and if so, the costs of the procedure will have to be paid by him or her. This Resolution could be appealed in the Court of Appeal in Alicante or Elche (if the hearing is in Torrevieja or Orihuela, for instance) within the term of five days. And this new proceeding could last for several months or even one or two years.
gabrlelpadilla@)icae.es
Gabriel Padilla, Lawyer.
Taken from a newspaper August 2007
 |
© RB3 Entre Naranjos 2007