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Traffic accident lawyers

Accident claims- what to do in a traffic accident

Accidents in Spain. Road Traffic Accidents Lawyers

Have you been involved in a Road Traffic Accident either as a driver or a passenger, that you believe to be someone else’s fault?

If so then why not allow TLACORP lawyers to act on your behalf in recovering compensation. 

TLACORP lawyers can secure you compensation for:

  • Personal Injury
  • Vehicle Damage
  • Loss of earnings
  • Damage to property
  • Medical Treatment
  • Care and assistance from friends and family

In all cases, our initial advice is completely free and confidential.

If we think you may have a good case,our lawyers can investigate the possibility that you may already have insurance for your legal costs in pursuing a claim (many people have this cover through insurances they hold but do not realize), or alternatively we can offer a variety of funding option that do not leave you at risk of having to pay legal costs even if your claim is not successful.

So don’t let you or your family suffer as a result of someone else’s negligence – call our team of lawyers now a No Obligation enquiry.

What to do in a Traffic accident:

When you detect a vehicle’s collision

You can be the first person at the vehicle collision scene, stop completely off the road, away and apart from the collision. The emergencies staff must be able to see clearly the collision and to stop next to it in order to have an easy access to the injured persons.

  • Try to see if you can check if anyone is injured or damaged. It is recommendable to look and search over the area to see if there are other victims who may have been thrown from one of the vehicles.
  • Try to call 1-1-2 (Spanish emergency number). Additionally, if another person stops to help instead of you, try to ask this person to call the emergency number 1-1-2 .
  • The one who contact with the 1-1-2 number  must be ready to answer some questions,  and to provide information from the collision. For example, where is located the emergency, and how many persons require assistance.
  • Don’t cut the call! You must let the emergency staff to cut first
  • Use your emergency triangles
  • Use the reflecting dress
  • Try to help to the victims who are walking and talking, and, it is very important that you  do not move an injured  safe in danger situations like burning, flames, etc.
  • Try to move the vehicles involved in the traffic accident out of the road scope, and turn off the engine.

Are you involved in an traffic accident?

In the case that you are involved in a traffic accident  you MUST STOP. If you do not do it, then you can be convicted as “assistance omission” (hit and run), and someone can need your assistance.

Try to have ready your personal identification documents (passport, card, etc.), driver license, the car’s registration card, and insurance policy, etc.

1. Do you have emergency kit?

Careful drivers  should bring in their cars mobile phone, as well as pen and paper to take notes, a camera (or mobile with this function),  to take photos of the scene, and complete medical information about allergies or other conditions that may require special attention.

Also, it is obligatory in all the E.U. countries to have accessible reflecting dress inside your car, as well as emergency triangles to advert the accident . In Spain is compulsory to bring 2 emergency triangles.

2. Try to keep on safe

Those drivers who are involved in small collisions with minus injuries should move their cars out of the road (preferably in the right side), and apart of the traffic.  Cars stopped in the middle of the road can create additional accidents and injuries. Just in case that the car cannot be moved, occupants should keep inside the cars with seatbelts fastened until help arrives.

You must switch on the emergency lights of the car, and, if you have to leave the car, get the reflecting dress, and put the emergency triangles in the following position:

  • In normal roads (with no more than a lane of traffic sense), you should put the first emergency triangles at least at 50 m. in the back of the car, and the other at least 50m forward.
  • In Highways and Motorways, is enough to put a triangle at least 50 m. back, but, if we put the other triangle at 150 m., the accident will be better adverted.

3.- Accident’s reporting

  • Try to see if you can check if anyone is injured or damaged.  It is recommendable to look and search over the area to see if there are other victims who may have been thrown from one of the vehicles.
  • Try to call 1-1-2 (Spanish emergency number). Additionally, if another person stops to help instead of you, try to ask this person to call the emergency number 1-1-2 .
  • The one who contact with the 1-1-2 number  must be ready to answer some questions,  and to provide information from the collision. For example, where is located the emergency, and how many persons require assistance.
  • Don’t cut the call! You must let the emergency staff to cut first
  • Use your emergency triangles
  • Use your reflecting dress
  • Try to help to the victims who are walking and talking, and, it is very important that you  do not move an injured  safe in danger situations like burning, flames, etc.
  • Try to move the vehicles involved in the traffic accident out of the road scope, and turn off the engine.

4. Ask and provide information

In the accident are, try to exchange the following information with the other involved and Police : name, address, phone and contact number, insurance company, policy , your driver license and plate’s  number for each of the cars involved in the accident.

5. Try to take notes  and information about the accident

To take notes and  photos of the accident will  the courts and insurance companies to decide about  the accident.

6. VERY IMPORTANT : Fill the Accident Report, in Spanish “Parte Amistoso de Accidentes”

In some areas, the  agents and Police they do not attend the accident if there are not injuries. So, try to fill the accident report with the other involved. This will be essential  nto demonstrate the responsibility to the Insurance companies,  if the Police does not assist the accident

Documents needed to fill the report:

  • Personal identification: Passport, Identification Cards, and others, like NIE or Residence Card, together with the current address and telephone.
  • Insurance Policy number. It must be shown in the report the number of the policy, as well as the Insurance Company of both parts.
  • Identification of the Car, mainly the plates.

If the other part involved is not providing you any of these documents, then try to get as much as information as you can from him, like the plates, model, and colour of the car, and, if possible, take as much as photos as possible, and try to get contact details for other witness which have seen the accident. This information will be essential to prosecute the other part.

If the Police (Local Police or Guardia Civil) attends the accident, then they will make their report, and then you must only show the agent the documents mentioned above. This report is called “Police Report”, in Spanish, “Atestado Policial”

7. Report  your Insurance Company

You must inform as soon as possible your insurance company before a determinate time after the accident, usually 7-10 days. They will request you the accident report, made by either you or the police, or in the worst case, the information taken by you from the other part in the case that this part has not collaborated with the report.

Your insurance company then will study the case, and then they will inform you who has been the one responsible  of the accident.

a) If you are the responsible, and your position is covered by your car’s insurance, then your company will pay the damages and personal injury.

b) If you are the responsible, and your position is not covered by your car’s insurance, then your company will not pay for the damages, and you will be directly responsible of the damages and personal injury.

c) If you are not the responsible, then, the other part must pay your damages, including personal injury.

8. How will you be compensated in case of damages or personal injury?

If you have suffered a traffic accident, and your damages were not only the material ones from the car, but also the personal injury, then, you should take legal actions in the Courts and Tribunal against the other part. Look for lawyers’ assistance.

This is a very important decision, because, if you are personally injured, and you do not start legal proceedings, the insurance company will pay the necessary Heath Care till you recover, but you will then be in the hands of the Insurance company, and the eventual compensations for damages can be reduced drastically.

Legal actions must be taken before 6 months after the accident, or 1 year for civil compensation. And, please, take care to start the legal actions on this period, or you will not be allowed to do it later!.

Our recommendation is that, in the moment in which you suffer an accident, to contact an independent lawyer AND NOT THE ONES RECOMMENDED  BY INSURANCE COMPANIES, because you need to be assisted by an independent lawyer in defense of your interest.

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