When an accident happens, the first thing we think about is the possible injuries and the consequences of these on the person’s physical integrity. Obviously, recovery from injuries and rehabilitation from possible consequences is always the priority concern when making claims.
However, once the issue of personal injuries has been resolved, the turn of material damages always comes later and they are not a trivial issue, as they can represent a very serious economic prejudice. On the other hand, it is a much more confusing territory and in which it is easier to get lost because, unlike an injury – whose compensation is set by law based on severity, consequences and recovery time -, in the material part The valuation is much more subjective and subject to the fluctuations of the market.
Therefore, to know what can and cannot be included in the list of material assets to be compensated, we have resorted to the advice of the professionals at calculatuindemnización.es, specialized – as their name indicates – in the arduous world of accident claims. .
“The first thing to be clear about is that, in a traffic accident, the material damages that can be claimed depend on several factors, such as the jurisdiction that has handled the case, local laws and the specific circumstances of the accident,” explains Carla Tonín, head of the CTI legal office, who points out that there are some that can always be included and they are the ones we detail below.
From calculatuindemnización.es, they insist that to claim these material damages you must always first judicially demonstrate the other party’s responsibility in the accident or make use of your own insurance if you have a policy that covers these damages and you do not want to wait. This does not mean that, if the court so stipulates, the cost of the compensation will later be returned to the non-faulty company. And it is essential – explains the CTI lawyer again – to properly document the damages, obtain repair estimates and keep records of all expenses related to the accident.
If all of the above is in order, and at the expense of what the judge rules or the agreement between the parties, it will also be possible to add other factors to the compensation, such as:
