Road traffic accident compensation scale in Spain.

Road Traffic Accident Compensation Scale

In 100% of cases we get more accident compensation than the insurer offers

If you wish, you can refer to the traffic accident compensation scale established by Law 35/2015 on the reform of the system for assessing damages caused to people.

However, taking into account that the road accident compensation scale includes various cases, it is best to contact Onandia Abogados so that we can analyse the possibilities of your particular case and conduct an initial assessment of the compensation calculation you should be due for the traffic accident and work incapacity if appropriate.

Learn all about the traffic accident compensation scale

Law 35/2015 provides for the compensation of those injured in traffic accidents through a legal system of valuation of damages that allows the amount of compensation to be delimited: the Compensation Scale.

This scale, which is updated every year, includes tables with each of the compensable concepts for three main cases: death, sequelae and temporary injuries.

What kind of damages can be claimed?

We can claim 3 types of damages: basic, private and patrimonial:

BASIC PERSONAL INJURY

Basic personal injury is the valuation of basic personal damage, that is, minimum damages typical of an accident, which include:

  • Temporary injuries (hospital days, days off work, in rehabilitation or healing) and the sequelae that may remain after an accident. This damage is estimated on the basis of fixed amounts according to law.
  • In case of death, there are 5 separate categories of injured parties: the widowed spouse, ascendants, descendants, siblings and relatives who are entitled to fixed compensation amounts according to legal parameters.

PRIVATE PERSONAL INJURY

What compensation do you get for private personal injury? In the case of personal injury, specific or particular damages that an injured or affected person may sustain in an accident are compensated, in the event of death or serious injury.

Impediments or limitations to autonomy or personal development involving moderate, severe or very serious temporary losses are compensated.

An example would be the case of a construction worker who sustains a serious impairment of his dominant arm that prevents him from working, compared to an administrative officer who with the same injury could continue to work; it is a serious personal injury that must be expressly valued. Like a bicycle enthusiast who has to stop riding because of sequelae from an accident, for him/her, the accident has caused him/her a particular serious injury, which will have to be compensated.

  • Loss is defined as physical, intellectual, sensory or organic impairment to perform activities as an individual or member of the community, or limitations in essential activities of ordinary life.
  • Compensation consists of increases in basic compensation through specific criteria.
  • Supplementary moral compensation for psychophysical, organic and sensory damage is included and is compensated by means of a range that establishes a minimum and maximum amount.
  • Particular damages are cumulative if they occur in the same injured party and are not mutually exclusive.
  • In case of death, this compensation is given for the distress caused to relatives.

PROPERTY DAMAGE

The scale also includes compensation for property damage, recognising the expenses caused by the accident or emerging damage and future economic damages or loss of earnings.

All expenses (medical, travel, maintenance, burial, etc.) and in general all expenses that the injuries cause in the life of the injured person and/or family members may be claimed.

In addition, it is also necessary to claim loss of earnings (earnings that will be lost or lost or decrease in income) of the injured or deceased for relatives.

Increased protection for victims: increased protection for the injured party(ies), especially minors, and the establishment of compensatory treatment and a compensation system that is up-to-date and adapted to reality.

Cases of death: the perception of compensation is improved through its individualisation, taking into account the new family structures, significantly increasing compensation. The injured are classified into five separate categories: spouse, ascendants, descendants, siblings and relatives. It considers that they always suffer compensable damage and of the same amount, regardless of whether or not they belong to other categories of injured parties.

Cases of sequelae or permanent injuries: greater compensation for greatly injured person(s) who are left with disabilities that require intense support for their personal autonomy, compensating in any case loss of earnings and emerging damages. In addition, the medical scale of sequelae is reviewed to adapt it to current medical knowledge.

Cases of temporary injuries: these are compensated depending on the type of impediment they cause, including any proven economic damage, and the possibility of temporary sequelae and compensation is recognised. In addition, all expenses generated by the injuries are compensated, such as, for example, increase in mobility costs for the injured party, the travel of relatives caring for him/her, expenses to attend to minors or especially vulnerable relatives of those who were cared for by the injured party, etc.

Increase in compensation for road traffic accidents:
– Death compensation increases by 50% on average
– Compensation for sequelae increases by 35% on average
– Injury compensation increases by 12.8% on average

Law 35/2015, of 22 September, was introduced to reform the system for the assessment of damages caused to people in traffic accidents and is in force for accidents occurring from 1 January 2016.

The amounts established in its Compensation Scale are updated year by year and are applicable to all types of traffic accidents (even in sectors other than traffic), always on a non-binding basis.

Who has the right to receive compensation?:

  • The driver of the vehicle not at fault for the accident.
  • All occupants, regardless of the car in which they travel.
  • Pedestrians, except when they are to blame for the accident.
  • Children under 14 years old always, even if they are at fault for the accident.

In what cases are you entitled?:

  • You are entitled to compensation in all cases, even if the culprit car has no insurance, the culprit or the victim has no licence or if there is alcohol. Likewise, also when the perpetrator runs away or the culprit is driving in a stolen car.

·COLLECT EVIDENCE: Photographs and witnesses can be vitally important.
·GO TO A NEARBY HOSPITAL: If you do not go to the doctor within 72 hours of the accident, you will not be entitled to claim compensation.
·NOTIFY YOUR INSURER OF THE ACCIDENT: You must report the accident within a maximum period of one week.
·DAMAGE ASSESSMENT: The specialised experts of the insurance company will determine the material damages, in the same way that the doctors of each driver will make their corresponding assessment.
·CALCULATE COMPENSATION

The compensation will be the result of adding several damages that occur after an accident: basic, private and patrimonial damages.

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      In compliance with the provisions of current regulations on the Protection of Personal Data, we hereby inform you that the data collected in this form will be incorporated and processed in the file called Web Users under the responsibility of RAMÓN ONANDIA ALSIUS in order to be able to provide its services, as well as to keep you informed about issues related to the activity of the company.
      We hereby inform you that the data you provide will be processed in a fair, transparent, adequate, relevant, limited, accurate and updated manner and will not be communicated or transferred to third parties, except when necessary or may involve an improvement for the purpose of the same, always in accordance with the current regulations on data protection, General Data Protection Regulation.
      If there are changes in any of the data provided, please inform us in writing so that we can keep our file updated.
      We hereby inform you that you can exercise your rights of access, rectification, deletion, opposition, limitation of the processing and portability of your personal data in person at the offices of RAMÓN ONANDIA ALSIUS, accompanied by a copy of your ID, or by postal mail to RAMBLA CATALUNYA 87. 2º D de BARCELONA, 08008 BARCELONA, or email ROA@ONANDIA.COM

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      We recommend:

      Before accepting any type of accident compensation offered by your insurance company(ies) or the other party:

      1. Do not sign any documents.
      2. Consult with your lawyer, as the amount is very likely to be less than what you could receive.