11 questions about compensation for a traffic accident

compensation for a traffic accident
compensation for a traffic accident

We provide answers to the 30 most frequent questions about compensation for traffic accidents after the latest law and scale reform.

Today in our guide on traffic accidents we are going to deal with the 30 most common questions about compensation among those people who have suffered a traffic accident, and we will try to give the most appropriate answer to each one, in such a way that this article is of use for the victims as well as for their lawyers if they are not specialists in traffic accidents.

Do I have a deadline to deliver the accident report?

Yes. In principle, seven days, although in practice if it takes a little longer it is not usually a particularly serious problem.

Can you charge me for the hospital bill?

No, as long as you fill out the form that the hospital will give you with the data of the insurers involved.


If the responsible driver tested positive for the breathalyzer, is my compensation in jeopardy?

No. The responsible party’s insurance will pay you the compensation, and then claim it from your insured for breach of contract. 
Of course, the procedure will go criminal instead of civil.

The opposite insurance expert made me sign a paper, what is it?

This is known as informed consent. 
It is authorization from the injured party so that the expert can consult your medical history, both that related to the traffic accident and any previous history that you may have that justifies the injuries. 

Incidentally, they will make you sign a document authorizing your data to become part of a file that will be shared by all insurers, in principle to prevent fraud. 
You can refuse to sign this last document.

If I suffer an accident during working hours or commuting, do I have to do the rehabilitation in the mutual of accidents at work?

Not necessarily. 
You can choose between going to a concerted traffic center or going to the insurance company, regardless of whether the insurance company’s medical services supervise the period of sick leave.

What is a total loss?

It is when what it costs to repair the vehicle is an amount greater than its value. 
With a small catch: insurers do not calculate the value by the market price, but by other indicators below that amount.

Am I required to accept total loss?

Only if the accident is your fault and you have the car at all risks. 
If a third party is at fault, you can proceed with the repair if you meet a double condition: that the amount of the repair does not exceed three times the value of the car, and that you advance the amount of the invoice.

Why won’t my insurance contact me to start an injury claim?

Because the new law obliges you to submit a medical expert report to file a claim, and your insurance policy does not cover said medical expert report.

Does that mean my insurance won’t cover the injury claim I have?

To be exact, your insurance covers the lawyer and, if necessary, the solicitor, but not the expert.

And how much does a medical expert cost?

On average three hundred euros for making the report, and another three hundred for going to trial.

Is it worth hiring a private lawyer to claim compensation?

Just think that the average compensation that your lawyer will get is between two and three times what the insurance would offer you if the claim is made by you.