Traffic accidents can occur at any time and in the most unlikely situations and often we do not know what to do when this happens. We get nervous and overlook some of the basic steps that we need to follow when we have an accident. From Sánchez i Morelló, from our experience in solving different cases from our workshop and helping drivers in their bureaucratic procedures, we explain how to react depending on whether they have only caused property damage or, if they have also caused physical damage and what do if you are the one responsible for the accident or not.
When there are injured or deadly victims
In this case, the first thing to do is call the emergency services and it will be the Civil Guard or the Police who make the report of the incident. If someone needs medical attention, the costs will be covered by the insurer of the guilty driver. If any of the people involved in the accident have suffered an injury you must request a part of medical assistance. With that part you can justify the damages caused and claim compensation from the insurance company.
When the loss only causes property damage
The material damages are those that affect the vehicle and the objects transported during the accident. When this occurs, the friendly part of accidents must be completed in which the data of the parties involved in the accident must be included, a summary of how it has occurred and the damages caused. For this document to be valid, it must be signed by both drivers and then the companies will be responsible for the repair of the damages.
In the event that one of the drivers refuses to collaborate, it is advisable to record their registration number and any other information that helps to identify it or request the data from an eyewitness to the event. If there were discrepancies about who was the culprit, it is best to call the Civil Guard or the Police so that they are the ones who make a report of the accident.
The communication of the loss to the insurer
Since the accident occurs, there is a period of seven days to inform the insurance about what happened strong>. In addition, you must provide a signed copy of the accident report to begin the expert’s report, repair and compensation. In the event that one of the parties involved does not inform its insurer, the other company will sue the other party.
But it may also be the case that no friendly agreement is reached and it is believed that the other driver is to blame , in which case there are six months to file a criminal complaint. If it is not admitted, there is another year to file a civil claim. Some procedures that may be easier if you have contracted the legal defense coverage, so your insurer will be responsible for the expenses.
The transport of the vehicle
Not all insurance cover the transfer in the car crane to the workshop, for this, you must have contracted travel assistance coverage. If this were our case, what you have to do is call the insurance assistance number that appears on the policy. This procedure can help you from our administrative department.
Compensation and reparations
In the event that you are the culprit of the loss, the insurer will be responsible for paying the expenses incurred by third parties, both material and personal, through the civil liability insurance guarantee. The damages of your car are only covered if you have contracted the insurance at all risk. To cover the physical damages of the driver, the driver’s insurance guarantee, which covers personal injuries, must be taken out. And if you are innocent, it will be your own insurer who pays the repair or pays compensation for the damages caused. Once your company has the agreement of the opposing party, you must satisfy the amounts corresponding to your entity. And if medical help has been needed, these expenses will be paid by the insurer of the guilty driver.
How to claim a company?
If you need to claim something from your insurance company, you can file a claim with the insurer of the insured, the General Directorate of Insurance and Pension Funds and, ultimately, appeal to the courts. In the event that the claim is against the opposing company, it can be done extrajudicially, negotiating with the insurer the cost of compensation or by judicial means. For this case, it is interesting to have the legal defense coverage contracted. Said guarantee must include the free election of a lawyer. In addition, it should allow you to have an amount of money to hire a trusted lawyer.