To file a claim in a traffic accident

What can I claim when I've been in a traffic accident?

Many people don't know how to proceed or what to claim in a traffic accident . Currently, there is a right to claim compensation for material damages to the vehicle and for injuries sustained by the non-fault driver, as well as by the occupants of the other vehicles involved.

According to Article 1 of Royal Legislative Decree 8/2004, of October 29, which approves the consolidated text of the Law on Civil Liability and Insurance of Vehicle Traffic , it is established that the one responsible for the accident is the one who has caused the damage.

Within the established time limits, material damages to the vehicle, injuries to the non-culpable driver, and injuries to the occupants of both vehicles can be claimed through civil or criminal proceedings.

Steps to follow to make a claim for a traffic accident

• If there are injuries, you should go to a medical facility for an examination to determine the extent of the damage. Initially, there is usually no pain. As the hours pass, the damage becomes apparent. The injuries sustained in the accident must be documented in order to file a claim.
• If the damage is material, you must provide evidence of the damage to the vehicle, as well as a repair estimate. This information is useful for the expert assessment and in case of potential litigation. For this reason, it is advisable to fill out the accident report form, to gather information about the driver, the other vehicle, and the insurance company.
• If the other party refuses to provide information or flees the scene, the Local Police or State security forces should be notified if the accident occurs outside the city.

Finally, it should be noted that a lawyer specializing in this area can advise and claim rights.