We have already offered some expert advice for claiming the compensation to which we would be entitled as victims of a traffic accident. In that case, they were recommendations related above all to the bureaucratic and administrative part, but on this occasion we have asked the specialists from calculatuindemnización.es to go a little further and share with Moveo readers the advice regarding the attitude that exists to maintain in the event of an accident. Details that, moved by the nerves of the moment or by a wrong sense of responsibility, can change everything for or against.
You should always try to report the incident through the friendly report, as it is the fastest and most convenient when it comes to resolving subsequent claims. But if this agreement is not possible and even more so if the other party shows an aggressive attitude, you should always immediately call the police. The lack of a police report can complicate the claim and the determination of responsibilities in addition to the fact that they are the witnesses of everything that may happen from that moment on.
In the event of an accident, it is essential to keep a detailed record of all expenses related to the accident, from medical bills to receipts for vehicle repairs without overlooking any costs related to the accident. When claiming, each concept must be supported by a document that proves its existence. The right is proof, remembers Carla Tonín -legal manager of calculatuindemnización.es. Everything you want to claim later must be supported by a document that reliably proves its existence; tickets, invoices… but be careful! a simple manual registration is not claimable.
Many people think that, for insurance purposes, it is best to accept the company’s first severance offer without first thoroughly reviewing it and considering all of your options. But before accepting any compensation offer, you should understand all your rights and options and consult with an expert to evaluate whether the offer in question is fair and appropriate and if anything is left out.
It’s not up to you to do it and you can make a mistake… or they can help you make a mistake. Remember that “the fish dies through the mouth.” Let the person who speaks with the other driver’s insurance company always be your lawyer and, if possible, specialized in traffic accident claims. And if you must do it for some reason, consult them first.
Another of the big mistakes that opposing companies make, according to Carla Tonín’s experience, is delaying medical care. You must claim it immediately after the accident even if the injuries seem minor or unimportant at the time. Although the legal period to do so is longer – 72 hours – the immediacy has great evidentiary value.
The first thing traffic officers do when they go to report an accident is photograph everything down to the last detail. And they do it because they know the enormous value of a photograph as an element of evidence. Mobile phones have made it easier than ever for us to take photos and it is vital to carefully document the accident, including photographs of the scene, witness testimonies and details of the scene… but be careful!!! always taking into account not violating the law on the protection of the image of third parties.
The saying “quiet is more handsome” also applies to these cases. Many people do not know that they do not have to accept fault at the scene of the accident, even if they think they are and may have contributed to the incident. There will be time to settle blames! In the meantime, we must avoid not only admitting fault among third parties but also avoid discussing the details of the accident with other drivers or witnesses without legal advice. And of course, do not sign anything without first consulting it.
Many drivers assume that, because they are partly responsible for the accident, they have no choice but to remain silent and assume everything and that is not true; Guilt does not exempt you from receiving certain compensation. According to the legal person responsible for calculatuindemnización.es, the principle of “shared responsibility” is always applied, which means that compensation is adjusted according to the degree of responsibility of each party. Even if it is determined that you are greatly at fault for the accident, you could still receive compensation, although it would be reduced in proportion to your contribution to the accident. Still, proving percentage of liability can be a complicated process, both in terms of evidence and negotiation.
Rival insurers are usually delighted when it is the individual who decides to negotiate their compensation directly with them because they know that this greatly “facilitates” their job. You should never try to negotiate with the insurer on your own and without the help of a lawyer specialized in traffic accident claims. Even if the other party insists on it by appealing to good faith or threatens to delay the resolution, the response must always be to go to the lawyer.
You should not lie to the doctor or the lawyer who claims on your behalf, insists the legal person responsible for calculatuindemnización.es. Do not hide any information from him, even if you think it does not favor you and explain things exactly as they happened without adding or taking anything away. Being honest in the story gains credibility and ensures that there will be no surprises later.