Compensation for Hit and Run
Have you been hit by a car as a pedestrian on a public road?
Do you need to file a claim for compensation after being hit by a vehicle in Barcelona? The first thing you should know is that if you are involved in an accident as a pedestrian and suffer injuries or property damage, you have the right to claim compensation from the insurance company of the vehicle responsible for the accident.
The compensation you may receive is the same as you could get if the accident had occurred while you were driving a motorcycle or a car, and is regulated in Law 35/2015, of September 22, reforming the system for the assessment of damages and losses caused to persons in traffic accidents.
Masramon Abogados is a law firm specializing in traffic accidents and civil liability that was created in 1998, so for many years we have dealt with all kinds of accidents and run-overs, from the most serious accidents, with fatalities or quadriplegic injuries, to the simplest issues of whiplash, so however complicated the accident may seem to you, we have probably handled some similar case.
What to do if you are hit by a car?
Not only so you can receive the appropriate medical assistance, but also so a police patrol can arrive at the scene and file a report of what happened. This police report will later help in claiming compensation, as it will document how everything happened, identify the driver, record the details of any witnesses, etc.
This police report is called a police report and contains the most important data of the accident as well as a sketch or plan of the place where the traffic accident or the hit-and-run occurred.
Even if you have no injuries or they are minor, and you don't think an ambulance is necessary, it's still advisable to call 112 so the police can come and draw up a police report.
If the police arrive, they will also take note of your details and include them in the police report.
Even if you feel you haven't suffered any injury, it's important to go for an initial assessment, as sometimes discomfort appears days after the accident.
What can be claimed in a traffic accident?
If you have been hit by a vehicle as a pedestrian or as a victim in a traffic accident, you can claim compensation for all the damages you have suffered, whether personal or material.
This compensation is regulated in the Law 35/2015, of September 22, reforming the system for the assessment of damages and losses caused to persons in traffic accidents.
can be claimed material damages, which are the damages suffered by the car, motorcycle, or electric scooter in the traffic accident.
It is important that in order to claim the amount of the material damages we will have to prove that they were caused in that accident, that is why the photographs that you yourself can take are so important, and afterwards we have to prove the fault of the other driver of the vehicle.
If the damage caused to the vehicle is greater than its market value (the vehicle's market value just before the accident), it will be classified as a total loss.
If we find ourselves in that situation, in most cases it will be better to fight to get the damaged car or vehicle repaired, since the amounts that companies usually offer in these cases are very small.
1. Aftermath
The aftereffects are the permanent injuries that the victim will have, in principle, for life, or at least will persist over time.
The aftereffects are those injuries that, once the victim has been discharged, will continue to affect the victim.
For example, if after a bone fracture the mobility of the arm is affected and it cannot rotate as it normally did, that injury must be compensated.
In many cases, accidents are very serious, sometimes resulting in significant injuries that lead to permanent disabilities or incapacities. These must be claimed both through traffic accident proceedings and in separate labor proceedings regarding permanent disability. In such cases, there are three types of disabilities or incapacities:
Total permanent disability, absolute permanent disability and severe disability or severe disability.
Total permanent disability occurs when a worker can no longer perform their usual profession, but could still perform other jobs. For example, if a pedestrian is hit by a car and, as a result of the injuries and aftereffects, cannot return to work in construction because they can no longer lift heavy objects or perform strenuous work, but could perform administrative tasks in a company.
Permanent total disability or permanent absolute incapacity occurs when a worker, as a result of an accident and the consequences caused by the accident, cannot perform any job or profession and is incapacitated or disabled for any work.
Severe disability or severe incapacity is the situation that occurs when a person involved in a traffic accident, as a result of injuries and physical losses or loss of abilities of all kinds, cannot take care of themselves and needs help for essential life tasks.
In these cases, the firm is in favor of hiring a expert actuary that calculates how much money is needed for the care of this person throughout the disabled person's life. That is, if, for example, a nurse were needed to provide care at the victim's home, then calculating all the lifetime expenses that the victim or their family must face is sometimes extraordinarily high and complex, and that is why a professional such as an actuarial expert is hired to try to calculate all those expenses that will occur over such a long period.
Permanent disability is one of the most common consequences of this type of accident because the injuries suffered by a person in a motorcycle accident are not the same as those suffered by a person in a car accident. In our office, we have seen how motorcycle accidents tend to be more tragic, and in many cases, people end up with permanent injuries that require years of rehabilitation, and consequently, they will have to claim a larger compensation.
2. Temporary injuries
These are the injuries that have occurred as a result of the traffic accident and, consequently, we will have the right to claim the legally corresponding compensation.
In minor accidents it is relatively easy to calculate the injuries, days of sick leave, after-effects, etc.
In serious accidents, it is often necessary to hire a medical expert assessor of injuries and the consequences, since in most cases the medical experts of the companies and the medical experts of Masramon Abogados will have different opinions, and coincidentally the companies will always have the opinion that supports the thesis that the compensation is the smallest.
In very serious accidents we always have a medical expert assessor of bodily injuryl and a expert actuaryThe latter is responsible for calculating how much it might cost to care for a traffic accident victim. Sometimes, those injured who suffer very serious consequences—quadriplegic, paralyzed, with bodily deformities, amputations, or severe psychological pathologies—will have special needs, such as 24-hour care from a nurse or doctor, or assistance with daily tasks like dressing or eating. Consequently, these actuarial experts perform a very complex calculation using algorithms and mathematical formulas to determine the value of, for example, providing lifelong care for a person.
3. Prejudice
Often, an accident causes various types of damage to our assets. Let's see what can be claimed in a traffic accident under these circumstances.
- If money is deducted from our paycheck as a result of the accident, we can claim that document from the insurance company.
- We also have the right to compensation if our business or activity suffers a loss of income as a result of the accident.
- If the after-effects result in any type of work disability or a reduction in our quality of life, we are entitled to additional compensation based on the scale tables.
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These are just some of the compensable items in an accident. To find out what you can claim in your case for the traffic accident, it would be advisable to consult with a specialized lawyer.
When the injuries and consequences are serious, we will have to hire a medical expert (which Masramon Abogados will sometimes pay) and will assess all injuries and consequences so that you can obtain the maximum possible compensation.
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