What should I do in a Traffic Accident? - Berger & Dozet
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What should I do in a Traffic Accident?

What should I do in a Traffic Accident?

Isn't it easy to avoid the accident?Given that 85% of accidents are collisions between two vehicles, it is important to know how to reflect what happened in a document. But what should you do if you are involved in a traffic accident, either as a driver, occupant, pedestrian, victim, etc.?

AT THE ACCIDENT

First, if you are involved in a traffic accident as a driver, after overcoming the initial shock, try to reach an agreement with the other driver involved to complete “the friendly accident report” that is facilitated by insurance companies.

This document details the parties, the respective vehicle and accident insurance as well as the damage suffered to each vehicle; it must be signed by the drivers affected by the accident. The insurance companies should be responsible for repairing the damage, if any may have occurred to the vehicles.

This first step will only be feasible if there is goodwill between the parties, on the contrary, a direct confrontation or if there is a lack of agreement about the causes of the accident, notify the local police, National Guard or Civil; proceed in the same way if the material damages are particularly relevant or if it is a case of regrettable injury.

Agents visiting the crash site will draw the corresponding “atestado”. This document will constitute fundamental proof to determine who was responsible for the accident and claim compensation for damages to insurance companies, either out of a court trial or by initiating appropriate legal action.

Secondly if the person or the other driver involved in the traffic accident refuses to collaborate, take note of all their information which may serve to identify them, such as the license plate, witnesses who witnessed the accident, etc.

If you or any of the travellers have been injured, ask the medical assistance at the accident site to figure out if the physical damage occurred as a result of a traffic accident. These will thus constitute good evidence of the damage suffered when claiming compensation from the insurance company.

Thirdly, you will have a period of 7 days to notify the insurance company of the traffic accident.

Finally, it is more advisable to put your case in the hands of a lawyer who will advise you on how much to claim for damages, the appropriateness or not to initiate legal proceedings, the feasibility of filing a criminal complaint against the person who you believe responsible for the accident, as well as all issues that may be related to the specific case.

In the case of prosecuting cases, the insurance company will be responsible for attorney fees if you subscribed for ‘legal defence’ in the policy coverage when you applied for insurance.

THE CLAIM

If you are a victim of a traffic accident and irrespective of the kind of damage suffered (physical or personal, or materials) you are entitled to be indemnified. To solicit the payment of such compensation, there are two ways:

  • Extrajudicial: Without going to trial, negotiating with the insurance company the amount of compensation.
  • Judicial: it opens in the event that the accident constitutes a crime or offense (criminal proceedings) or the company does not offer adequate compensation (civil proceedings); in these cases it will be necessary to file the appropriate report to the appropriate criminal proceedings or the complaint with the civil courts to claim the amount deemed appropriate to be processed.

 

The claim will be processed by the so-called “juicio verbal/verbal judgment” or “juicio ordinario/ordinary trial” depending on the amount that is claimed.

The amount of compensation to be received will depend on the type of damage that was caused (personal and material) and their scope.

If you have been the victim of a traffic accident please contact BERGER AND LAWYERS Dozet. For more information please contact us at 966 236 587 or info@bergerdozet.com

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