A motorcycle accident, especially if it has physical consequences, is always a traumatic event that alters not only our daily lives but also our economy. The compensation is there to alleviate these effects, but you have to look at the fine print.
The thing does not end with the friendly accident report or, where appropriate, with the certificate from the competent authority. In fact, it is from there that a slow but unstoppable bureaucratic mechanism is set in motion with which it is easy to despair if you do not have the appropriate advice.
From Moveo we have asked Víctor Climent, a great expert in motorcycle accident insurance and CEO of the portal calculatuindemnización.es, to make a decalogue of tips and tricks so as not to get lost in the fine print and receive what you are entitled to in case of being the victim of an accident.
Coverage for legal defense and claim for damages is always included in vehicle insurance. The Legal Defense guarantees legal protection when it is necessary to claim damages or face an administrative or judicial process through independent lawyers chosen by the insured who will work for their benefit. A claim can be delayed in time or decrease in amount if the affected party makes it on their own. The coverage may be limited in the case of choosing a lawyer from outside the company itself, although this possible limitation of rights is under scrutiny for going against the provisions of the insurance law. It is worth finding out about it.
It should be noted – Climent insists – that not all insurers cover legal defense in the same way. As a general rule, companies must include a claim for damages to third parties, free choice of lawyer -the company will advance up to 3,000 euros for their hiring- legal advice with access to experts who can advise on legal issues, costs of the process and the expenses that can be have as a result of a lawsuit or a claim for damages.
One of the most common causes of denial of compensation is the incorrect wording of the part or statement and the impossibility of identifying the cause of the accident. If there is no document in which it is clear who is responsible for the accident, the insurer may reject the claim for lack of evidence. For this reason it is essential to have a medium that conclusively proves who caused the event: a friendly report filled out correctly by the parties involved or a police report.
According to Spanish legislation, the term to claim compensation for an accident is one year from the date on which the patient receives medical discharge. To do so through the courts, the term is also 1 year from the date of the accident or stabilization of the injuries, depending on whether the criminal or civil route is chosen. This temporary stretch can be interrupted, although it is best not to end the period.
The insurer of the other party has a period of 3 months from receipt of the claim to respond with a reasoned offer of compensation. After communicating the request to the insurance of the cause of the accident, the usual thing is to collect the compensation between 30 and 60 days after the medical discharge. If, 3 months after requesting the claim, no response has been obtained from the insurance company or a reasoned offer (compensation proposal) has been received with which you are not satisfied, there is the option of going to court with a lawsuit.
Another of the lesser known points is that you have the right to initial healthcare during the first 72 hours after the accident. After having a traffic accident it is important to receive medical assistance within 72 hours of the accident. Although the goal is always to have a first diagnosis, there are injuries such as the well-known “whiplash” that may not present symptoms in the first hours. This medical report is an unavoidable requirement to later require the corresponding insurance to cover the health expenses that the affected person will need in subsequent treatment.
The lack of specific and detailed medical reports on the injury suffered -remember the friends of “calculatuindemnizacion.es”- is the struggle that wears out the most on a day-to-day basis both with medical centers and with rival insurance companies. Material damage always affects, regardless of the type of injury claimed. In case of discrepancy, the insured victim has the right to request to be recognized by a forensic doctor at the Institute of Legal Medicine for an extrajudicial expert opinion. He also has the duty to collaborate with the medical services of the opposing company to allow himself to be visited.
Companies often associate minor damage to the vehicle with the type of injuries caused. In the event that the repair is minor, they understand that the claim for compensation for injuries must also be minor and they directly label the incident as “low intensity” by pressing the compensation down or filing it away. It is malpractice -explains Víctor Climent- which must be faced with continuous medical monitoring.
The employee who suffers a traffic accident must request the Temporary Disability Report from his family doctor or from the doctor of the labor mutual if the accident occurs “in itinere”, that is, going to or coming from work. It is important that the sick leave report is classified as a consequence of the accident and not due to a common illness, in order to establish the causal link of said disability. If this inability to go to work due to injuries causes a demonstrable salary loss in the payroll, it is important to have specialists who know how to interpret them for the correct calculation of the salary loss, compiling the similar payrolls of the previous year or those immediately prior to those affected, to incorporate it in the claim to the company of the deceased.
The last piece of advice should actually be the first: always seek advice from professionals specialized in the complex world of insurance, claims and compensation. It must always be kept in mind that insurance companies have all the resources in the world to try not to pay any amount as compensation. Only good advice at such a traumatic moment and perfect knowledge of everything necessary for the processing will optimize the claim to the maximum.
