In case you have an accident you are obliged to make a prior claim to the insurer, this is an essential extrajudicial procedure before going to court.
This procedure consists of you, as the person affected by a traffic accident, asking the insurer of the opposing vehicle to repair the damage caused.
This procedure is intended to avoid judicial collapse through an agreement between the parties.
What is a pre-claim to the insurance company?
The prior traffic accident claim is a mandatory procedure since the entry into force of Law 35/2015.
Where the reform of the system was made for the valuation of compensation for damages caused to people in traffic accidents.
This regulation modified Royal Legislative Decree 8/2004, dated October 29. In which the revised text of the Law on civil liability and insurance in the circulation of motor vehicles was approved.
Article 7 prior claim for a traffic accident establishes the obligation to report the accident to the insurance company. In which he requests the corresponding compensation for the damages caused before filing the lawsuit.
In this extrajudicial procedure, the insurer is informed of the data related to the circumstances in which the events occurred. Likewise, the damages that you have suffered in the accident are justified.
The presentation of the previous claim for a traffic accident has an enabling effect. Because complying with this obligation authorizes you as an injured party to go to court to claim the compensation you consider appropriate.
What are the requirements to make a prior claim for a traffic accident?
For the previous claim for a traffic accident there is no specific model, so you can do it through any means. The only thing that is required is that the insurance company be informed of the facts.
The main and essential requirement for a prior claim is to provide the necessary information about the accident that has taken place. To be able to define the responsibility in the event that occurred, assess the damages and establish compensation.
The insurer will request all the documents that show that her client is responsible for the accident. So it is helpful to have testimonials and photographs that support the claim.
What the prior claim requires is that the facts be stated in clear and proven ways.
Content of the previous claim for a traffic accident
The insurance company must find in the file all the information that allows it to determine the responsibility of its insured, because otherwise it may refuse to pay compensation.
Next, we explain the minimum content for the prior traffic accident claim:
1. Place, date and account of how the incident happened
In the letter you have to indicate the date and the exact place where the events took place with as much detail as possible. This story allows the insurer to reconstruct the accident and clarify the responsibilities.
2. Identification of those involved and of the vehicles that participated in the accident
It is important that you include in the claim the data that allows you to identify those involved in the accident. Here is the information related to insurance policies.
3. Proof of compensation requested
The insurer will calculate the compensation considering the damages suffered by the claimant. As are the personal and material damages, which she will do with the Traffic Scale.
When there are affected people, reports and medical certificates must be attached. In which the state of health of the injured person is described from the moment the accident occurred until he was discharged.
4. Court report
The party affected in the traffic accident can ask the Security Forces and Bodies that attended the scene for the court report. This document is the official certificate where the circumstances in which the accident was linked are found.
Deadline to present the previous claim to the insurer for a traffic accident
The term you have to claim damages caused in a traffic accident is generally set for non-contractual civil liability. That is, it is for obligations arising from omissions or actions involving negligence or fault.
For this reason, the term for the prior claim as described in article 1968 of the Civil Code, is one year. The computation of the term does not start counting from the moment the traffic accident happened, but from when the extent of the injuries suffered was known.
If you want to file a preliminary claim for a traffic accident and not have problems with the insurer, call us.