ABOGADOS - LAWYERS
Ricardo León street, 13
Alcantara Building, ground floor D
P.O. Box: 29.640 - Fuengirola
Phone : 0034 952 46 85 04
Fax ... : 0034 952 58 23 98
What to do if you suffer an accident?
First ask the other driver to identified himself with his/her driver's license or in lack of that DNI (Nacional Identification Number), NIE (Foreing Identification Number) or Passport.
Second, fill in the "European Accident Friendly Party", this document does not imply agreement or acknowledgment of fault in the accident, is simply a document that collects how the incident happened, vehicles position, damage, witnesses information and drivers involved. Subsequently, will be assessed by insurance companies who caused the accident.
If case that the opponent driver doesn´t want to identify himself, doesn´t carry out documentation or unwilling to show us the compulsory insurance, it is advisable to call Local Police (of the town where accident happened), to appear in person in the scene and identify the driver and check if the vehicle is properly insured, and it documentation in order or if it has been subtracted. It is also advisable to call the municipality Local Police of the place where the crash happened: when the vehicle that caused the accident have getaway (try to take at least car registration number), the driver shows signs of intoxication, altered, or their attitude is violent or aggressive after the accident.
What to do after the accident?
Once completed the form ("European Accident Friendly Party"), we must deliver or communicate it to our insurance company within three days. They will contact the opposite company to claim our vehicle damages, if case that were the other driver fault, or pay the damages to the opposite vehicle in case that were our fault.
Can I claim personal injuries suffered in the accident?
Physical damage sustained by driver and passengers, can be complain to the opposite company, when the fault of the accident was of the other driver.
In most cases the victims did not claim for personal injury suffered, and insurance companies are normally limited to repair vehicle damage, claiming no damage to the driver or passengers.
Can a companion claim personal injuries suffered in an accident?
Yes, driver companion may claim to opposite driver, when is fault of the other driver involved in the accident. They can also claim to the driver of the vehicle they were traveling, for damages caused by their driving, acting against the driver and / or against the insurance company in the event that coverage had hired "third-party insurance" or "comprehensive insurance". In any case you must check the insurance contract in each case to see if this risk is covered by insurance.
What happen if the opposite driver hasn´t got mandatory insurance?
In that case, and once you have urged the relevant proceedings at the Court, and if is not possible to obtain compensation for property and personal damage hand by the opposite driver (e.g. In cases of insolvency), we can start record of complaint to the Insurance Compensation Consortium, to pay your damages.
How do they value personal injuries suffered by myself?
Personal injuries are valued by the medical examiner or physician who specializes in assessment of bodily harm. These doctors made a report which will collect damages, the days that you have been sick leave, the days of healing and the after-effects that may remain (chronic injury or damage that cannot be recovered through rehabilitation or surgery). These days of healing are classified as follows:
- Days in hospital: are the days we spent in the hospital receiving treatment (e.g. After surgery or the days we spend in observation after a head injury).
- Days unable for work: those days when we are unable to do our work (e.g. Broken leg that makes it impossible for us to do our job as a truck driver).
- Days able for work: those days are when we are able to do our work but we are still in the healing phase or recovery phase (eg. wounds, stitches that need healing or rehabilitation sessions).
- Aftermath of after-effects: Considered permanent or chronic damage that after receiving the medical treatment, have reached the peak of healing, i.e. that cannot be recovered in full, leaving a physical disability or handicap (e.g. the loss of mobility of a hand or a leg amputation).
How can I claim those personal injuries?
It is best to be in the hands of professionals (attorney) so that, after carefully studying your case, assess what chances of obtaining compensation, and make the necessary arrangements with the insurance company, experts, doctors, etc.., or to take legal actions at the Courts stand for your rights.
As specialized traffic accidents attorneys, our law office in Fuengirola and Mijas, are very concerned with these matters, and we have a high level of results in the receipt of these compensations, which in most of cases are resolved out of court without reaching the courts, charging the customer and avoiding to attend the trial.
We are so confident of our work, we charge when the customer gets his compensation, agreeing on prior agreement between lawyer and client percentage, depending on every single case. Moreover, our professional fees as lawyers are covered in most of the cases by the insurance company, being included in the policy an amount for legal expenses, so normally the client doesn´t have to pay nothing, being paid the fees of Attorney and Solicitor by the insurance company.
You can query through our website, and present your case. We will answer you as soon as possible about the feasibility and possibilities for recovery of damages, or if you prefer through our phone during business hours.