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The expert lawyers in traffic accidents at claimant.es have collected some of the most common questions among drivers who suffer traffic accidents, whether minor or severe, to answer all those questions. For example, what happens with the compensation for a traffic accident, what the victim of an accident must do before claiming a traffic accident, or when it is possible to claim and who must do it.
Measures to reduce traffic accidents
It is advisable not to ingest alcohol or drugs before driving. Ensuring that the vehicle’s driver is in the ideal conditions to cause can also be the task of the car’s occupants.
In addition, to avoid accidents, the authorities also implement measures and protocols, such as increasing breathalyzer controls during weekends. Installing reversible and additional lanes with cones; paralyzing road works; limiting the holding of sporting events and events that involve the occupation of the road; restricting the circulation of trucks in general and those that transport specific merchandise in certain sections, dates, and times. Likewise, numerous tips encourage people not to drive when the weather conditions are not suitable.
At least until we have intelligent vehicles and manage to save 1,100 lives and avoid almost 600,000 accidents a year, each driver must know their rights and duties behind the wheel.
What to know before claiming a traffic accident?
Once the accident occurs, would you know what to do if you are involved in one? Or what terms would you have to claim your accident?
Beware of the offer of the insurer.
In our experience, claiming compensation due to a traffic accident requires physical injury assessment and expertise in the sector. It is not a simple task. It will help if you put yourself in the hands of a specialist since, in most cases, you can make mistakes that will hinder the future development of your claim. At the same time, it would not be the first time that an insurer does not collect the actual reality of the injuries suffered and offers you much less compensation than what corresponds to you after the accident.
Compensation for a traffic accident: who can claim?
You can claim any injured party resulting from an accident of whatever type. We remind you: compensation for a traffic accident is a right for all disabled people who have suffered a mishap. Thus, the list of possible victims could be as follows:
- The drivers
- vehicle occupants
- Even the occupants of the vehicle at fault for the accident
- Pedestrians
- bikers
- public transport users
- The cyclists
- Those involved in an accident
Deadlines to claim the traffic accident
- Seven days to claim from the insurance company
- Six months to file a complaint with the Police or the Investigating Courts of the Judicial District where the incident occurred
- One year to file a claim for damages. According to the Courts, said term does not begin until “the interested party has not had exact knowledge of the scope of his injuries and the possibility of bringing the action.”
IS LIABILITY COVERAGE MANDATORY?
Chilean law requires drivers to take out annual insurance that includes protection for third parties. This is the Compulsory Personal Accident Insurance or SOAP. However, there are differences between SOAP and auto liability coverage:
- SOAP protects both the driver and third parties against possible physical damage caused by the insured’s vehicle in an accident. Also, as you know, it is mandatory.
- Instead, liability coverage is voluntary and covers property damage caused by moving objects, collisions, fires, explosions, etc., as a result of an accident.
WHAT DOES LIABILITY COVERAGE COVER?
A civil liability policy is agreed for the insured to record their obligation to repair the damage caused to someone else in the event of an accident.
Therefore, it must be proven that the driver was responsible for the accident for the auto insurance to take effect. The standard process is a lawsuit filed by a third party against the insured person (natural or legal).
When it is proven that the insured was responsible for the accident, the civil liability coverage covers:
- Consequential damages. It includes any material loss caused to a third party, whether repairable or irreparable damage to a vehicle or other types of property on board (medical equipment, computers, etc.).
- Moral damages. This is the insurer’s compensation to the people affected by accident, whether spiritual, emotional, or honest. This group includes everything from deaths to injuries and wounds of any kind.
- Lost profit. It consists of the compensation that third parties involved in an accident received when the damage caused to a suitable material was used to generate profits. For example, if the third party’s vehicle was a mobile food truck or a taxi.
What is the first thing to do after the accident?
In our blog post, “how to act in case of a traffic accident?” We explain to all drivers the main issues to consider when you have a traffic accident.
When we are victims of a traffic accident and have suffered injuries, it is logical to have some doubts. If the accident is not severe, follow these tips:
- Try to retain in memory –or write them down if you have something on hand to do so–all those details that you can at the time of the accident and take the contact details of the witnesses, if any.
- Mark the accident area as best you can, because this way you will avoid possible further damage.
- Notify the Police or the Civil Guard, whichever is appropriate, to prepare a report. This is very important since it will contain all the impressions that the agents perceive in situ of what happened and maybe decisive in the outcome of the process.
- Fill in the friendly part. If the opposing party refuses or has trouble doing so, prevent them from leaving the place before the authorities arrive.
- When this whole process is over, even if you think you have not suffered any injury, do not hesitate and go to a hospital for a medical examination. In most accidents, the first symptoms appear a few hours or days later.
- Finally, it is good to keep all the documents and notify the insurance company of the claim (you have a week to do so). Get in touch with a private lawyer specializing in traffic accidents.
