A LEGAL CONSULTATION FROM A CLIENT
LEGAL QUESTION: “I have suffered a traffic accident with my motorbike in a roundabout. A car hit me and the driver of the car is responsible. However, due to the fact that my insurance has expired, will the driver of the car still be liable for the damages caused to my motorbike?”
OUR LEGAL ADVICE:
In the first place, traffic accidents can be very messy and stressful situations, so it is of the utmost importance to remain calm at all times.
Second, just for clarification purposes, driving in Spain without having a compulsory third-party insurance is considered a serious offense, and a significant fine can be imposed on the offender. The Authorities will not accept any excuses.
Third, irrespective from your own legal responsibility, – at the event of a traffic accident, – the driver of the car can also be considered liable for the damages caused to you and to your vehicle.
The problem is that you will not be able to file the claim through your own insurance company in order to get a compensation. In other words, you will have to claim directly either against the driver and/or the opposite insurance company, using your own private Lawyer.
Therefore, when driving in Spain, the first golden rule is to keep up to date, all the paperwork and the insurance related to the car. If all the paperwork is readily available, should a traffic accident happen, you will prevent legal problems later on.
In conclusion, at the unfortunate event of a traffic accident, we kindly recommend you to follow the following important instructions:
1) Do not forget to complete the “friendly accident report” (called “parte accidente” in Spanish). Alternatively, at the event of dispute, always call the local police, in order to request for an official statement or report (called “atestado” in Spanish).
2) In cases of physical injury, immediately go to your nearest medical center (do not wait until the following day!)
3) Finally, inform your insurance company within the 7 days after the accident. In case you might not have any car’s insurance, please seek assistance from a specialized litigation Lawyer, like BZN Lex.
We do hope you will find this practical advice useful. Should you have any additional question about this or any other legal matter, please contact us or visit our website: www.bestsolicitorsinspain.com
Thank you very much for your attention and we look forward to helping you!
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor