Compensation for hit and run
Have you suffered a hit as a pedestrian on public roads?
Do you need to make a claim for compensation for an accident in Barcelona? The first thing you should know is that if you suffer an accident as a pedestrian and suffer injuries or material damage, you have the right to claim compensation from the insurance company of the vehicle at fault for the accident.
The compensation that you can receive is the same that you could get if the accident had occurred when you were driving a motorcycle or a car, and it is regulated in Law 35/2015, of September 22, on the reform of the system for the valuation of damages caused to people in traffic accidents.
Masramon Abogados is a law firm specialized in traffic accidents and civil liability that was created in 1998, so for many years we have dealt with all types of accidents and run overs, from the most serious accidents, with tetraplegic deaths or injuries, to simpler issues of whiplash, so no matter how complicated the accident may seem to you, surely we have dealt with a similar issue.
What to do in case of suffering a run over?
Not only so that you can receive the corresponding medical assistance, but also so that a police patrol can come to the scene to make a report of what happened. This police report will help later in claiming compensation, since it will prove how everything happened, identify the driver, take note of the data of the witnesses, if any, 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 run over occurred.
If you have no injuries or they are minor, and you consider that it is not necessary for an ambulance to come, it is also advisable to call 112 for the police to come and draw up the police report.
If the police go, they will also take note of your data and reflect them in the report.
Even if you feel that you have not suffered any injury, it is important that you go for an initial assessment, since sometimes the discomfort appears days after the accident.
What can be claimed in a traffic accident?
If you have been run over as a pedestrian or as a victim in a traffic accident, you can claim compensation for all the damage 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 caused to people in traffic accidents.
can be claimed material damage, which are the damage suffered by the car, the motorcycle, or the electric scooter in the traffic accident.
It is important that to collect the amount of material damage we will have to prove that they have been caused in that accident, that is why the photographs that you can take yourself are so important, and then we have to prove the fault of the other driver of the vehicle.
If the damage caused to the vehicle is greater than the market value, (market value of the vehicle just before the accident) it will be classified as a total loss.
If we find ourselves in this case, in most cases, it will be better to fight to have the car or the damaged vehicle repaired, since the values that companies usually offer in these cases are very small.
1. Aftermath
The sequels are the permanent injuries that the victim will have, in principle, for life, or at least they will persist over time.
The sequelae are those injuries that once the victim has been able to discharge will continue to affect the victim.
For example, it is possible that after a bone break the mobility of the arm is affected and it cannot rotate as it normally did, that injury will have to be compensated.
On many occasions, the accidents are very serious, which unfortunately sometimes produces very important injuries, which sometimes cause disabilities or permanent disabilities and that will have to be claimed, both in the traffic procedure and in a separate labor procedure on permanent disability. . In this case there may be 3 types of disabilities or incapacities:
Total permanent disability, absolute permanent disability and severe disability or severe disability.
Total permanent disability or total permanent disability occurs when the worker can no longer carry out their usual profession, but could still carry out other jobs. For example, if a pedestrian is run over in an accident and as a result of the injuries and the aftermath, he cannot go back to work in construction because he can no longer lift weight or do heavy lifting, but instead he could carry out administrative work in a business.
Absolute permanent disability or absolute permanent disability occurs when a worker, as a result of an accident and the consequences caused by the accident, cannot carry out any trade or profession and is incapacitated or unable to do any work.
Major disability or major 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 fend for himself and needs essential tasks of the life.
In these cases, the firm is in favor of hiring a expert actuary that calculates how much money is necessary for the care of this person during the entire life of the disabled person. That is, if, for example, the care of a nurse is necessary to provide care at the victim's home, in that case the calculation of a lifetime of all the expenses that the victim or his family must face are sometimes extraordinarily high and complex and therefore a professional such as the expert actuary is hired to try to calculate all those expenses that are going to occur for so long.
Permanent disability is one of the most recurrent consequences in this type of accident because the damages suffered by a person due to a motorcycle accident are not the same as those suffered by a person who has a mishap with their vehicle, in our office we have seen how motorcycle accidents are usually more tragic and in many of them people usually end up with permanent consequences that require years of rehabilitation, and consequently they will have to claim greater 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 injuries, days off work, consequences, etc.
In serious accidents, it is often necessary to hire a medical expert assessor of injuries and of the consequences, since in most cases the medical experts of the companies and the medical experts of Masramon Abogados will in many cases have different opinions, and coincidentally the companies will always have the opinion that supports the thesis that compensation is the smaller.
In very serious accidents we always have a medical expert appraiser of bodily harml and a expert actuary, the latter is in charge of calculating how much money the care of a victim in the traffic accident could cost. Sometimes the injured who are left with very serious sequelae, tetraplegics, paralytics, body deformities, amputations, serious psychological pathologies, many of them will have special needs, such as the care of a nurse, or a doctor 24 hours a day, or a nurse who will help them with daily and everyday tasks such as dressing or eating. Consequently, these expert actuaries perform a very complicated calculation, through algorithms and mathematical formulas that determine the value of, for example, caring for a person throughout his life.
3. Prejudice
On many occasions an accident causes us a series of damages of different types in our heritage. Let's see what can be claimed in a traffic accident for this concept.
- If as a result of the accident money is deducted from our payroll, we can claim that document from the insurer.
- We are also entitled to compensation if our business or activity has a loss of income as a result of the accident.
- If the consequences lead to some type of incapacity for work or a decrease in our quality of life, we are entitled to additional compensation based on the scale tables.
These are just some of the concepts that can be compensated in an accident. To know what can be claimed 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 that it will assess all the injuries and sequels so that it can obtain the maximum compensation possible.
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