hospitalisation then on leaving the of the claim in the Court.
hospital ensure that you obtain a The Claim
discharge certificate, which will After the review of the Police
set out the injuries that you have report and legal proceedings
suffered, the amount of days the victims injuries should be
in hospital and the treatment valued to assess the amount of
prescribed. compensation that will be sought.
The Police The valuation can either be
Usually after a road accident the based on the hospital discharge
Anyone who switches on the Police will visit the scene, prepare report or on a report prepared
Spanish news from time to a report and then send it to the by a Court appointed doctor.
time will be alarmed to see that local Court. The report will contain The value of the claim will be
after each holiday weekend or details of the drivers insurance assessed using what are known
fiesta there is always a high companies, names of the drivers, as the Baremo tables. These
death toll on the Spanish roads. witnesses, if any, statement tables split the valuation of the
Whilst steps are being taken from the parties involved and an claim into two. The first part is for
by the Spanish authorities to objective assessment of how the loss of earnings, time spent in
clamp down on drunken drivers accident occurred. hospital and recovering for which
and reckless driving which are Post-accident a fixed daily amount is awarded.
welcome, enforcement of the Once you have been discharged The second part is for long
traffic laws is not yet having a or in the event of a death after lasting injury and physical loss. In
direct impact on reducing the high the funeral, the relatives or victim addition if the victim has receipts
number of deaths on Spanish should seek legal advice as the for the costs incurred then these
roads as compared to the UK. claim has to be brought within 1 can also be claimed so long as
If you have been involved or year of the accident. If you have they were incurred by the victim
know someone who has been a valid motor or other insurance or on behalf of the victim. Flights
involved in a road traffic accident policy then read the policy for visits by relatives will usually
then set out below is some carefully to see if you have legal not be recoverable.
general advice on how to recover expenses cover. If you do then Once the value of the claim has
compensation. However it is contact the insurance company, been prepared and agreed with
always advisable to instruct a notify them of the claim (if they the victims or relatives then a
lawyer, preferably someone who have not already been notified) settlement can be negotiated
speaks your language, as soon and ask them how much cover with the other side, usually
as possible after the accident. you have and whether or not you their insurance company also
The accident are permitted under the terms of known as the defendant insurer.
Similar to the UK there is an the policy to use your own lawyer If negotiations fail then legal
obligation on the drivers to remain rather than their huge claims proceedings should continue in
at the site of the accident until department, which may not offer parallel with any negotiations.
the police arrive. If the injuries personalised service. If an out of court settlement is
suffered and damage to the car When instructing a lawyer ask reached then bear in mind that
is minor then the other driver him for details of his charges and legal costs will usually be met by
may ask you to sign a form an explanation of the action that each party.
accepting who was responsible he will take on your behalf. Sandra Wrightson is a Barrister
for the accident. This is known The first steps a lawyer will take at De Cotta McKenna y Santafé,
as a “declaracion amistosa” and is to contact the Court and obtain a law firm specialising an
should not be signed unless you a copy of the Police report which all aspects of Spanish Law
are absolutely certain of what you will contain some important for English speaking clients,
are signing and accepting. If the information. He will also notify including personal injury.
other driver wishes to leave the the Court if proceedings are Centro Comercial Valdepinos 1 y
scene try and obtain, as far as ongoing that his Firm is instructed 3ª Urb. Calypso
possible, his insurance details, and appoint a Procurador. A 29649 Mijas Costa (Málaga)
full name, identity card number Procurador is a Court Official Tel.: +34 952 931 781
and details of the vehicle before employed by the lawyer to Fax: +34 952 933 547
he does so. present documents to the Court Email sandrawrightson@
If the injuries suffered require and notify the lawyer of progress decottalaw.net