Table of Contents
- Intro
- Who responds in a traffic accident
- Surveys in which it is not known how the facts occurred
- The value of police arrest and witnesses
- Appeal: opportunities and risks
- The interest on delay of the insurer
- Real case
- Summary: claim keys
- Frequently asked questions
- Conclusion
1. Introduction
In many traffic accidents between a motorcycle and a car, the version of each driver is different and there is no conclusive evidence of who caused the collision. Losing the trial at first instance in such conditions is common, but it is not always the end of the path: the Supreme Court's doctrine on collisions in which guilt cannot be determined can completely change the outcome on appeal.
2. Who responds in a traffic accident
The Law on Civil Liability and Insurance in the Movement of Motor Vehicles part of a basic idea: driving a vehicle creates a risk, and the driver is responsible for the damage caused by the movement. In the case of personal damage, it is exonerated only if it proves that the accident was due solely to the victim's conduct or to a force majeure other than driving.
Therefore, in practice, the claim is directed against both the driver and the insurer, who finally pays the compensation.
3. Surveys in which it is not known how the facts occurred
The problem arises when two vehicles crash and it is not possible to determine who was responsible: each driver gives its version and none is shown above the other. In these cases, the Supreme Court has established that, if no fault can be established, each driver is responsible for the damage caused to the other vehicle, in application of the risk liability criterion.
The practical consequence is very relevant: if only one party claims, that party can obtain compensation for its damage even if it failed to demonstrate that the fault was the fault of the other driver. The lack of clarity about how the facts occurred no longer necessarily plays against the person who claims.
4. The value of police arrest and witnesses
The statement made by the Urban Guard or the Mossos d'Esquadra collects the manifestations of those involved and the circumstances of the place, but does not link the judge: it is a further element of evidence, which must be valued along with the rest. That a driver repeats at the trial the same version he gave to the agents does not automatically make it true.
The same is true of the witnesses. A witness who does not appear identified in the attestation and who later emerges must be assessed with caution, and his credibility may be questioned in the trial. If you have been summoned to testify in a procedure, you may be interested in our article. cited as a witness in trial: and now what?
5. Appeal: opportunities and risks
The appeal allows the Provincial Court to review the judgement of first instance, both in the assessment of the evidence and in the application of the law. It is particularly useful when the court has not properly applied the case law of the Supreme Court.
Recurring has a risk that should be assessed with the lawyer: according to the Article 398 of the Civil Procedure ActIf the appeal is completely dismissed, the appellant may be charged the costs of the appeal. If it is estimated, in whole or in part, they are not imposed on either party. The decision to appeal must therefore be taken by a rigorous analysis of the applicable judgment and case law.
6. The interest on delay of the insurer
Where an insurer does not pay compensation in time, the Article 20 of the Insurance Contract Act it imposes a particularly high interest rate of delay: the legal interest of the money increased by 50% and, two years after the loss, a minimum interest of 20% per year.
This rule seeks to prevent insurers from delaying payments. In long procedures, these interests may exceed the main amount claimed.
7. Real case
The video explains the case of a young sportsman who was on a motorbike in the streets of Barcelona and was hit by a tourist's vehicle during a lane change. The driver and his insurance company were sued. At the trial, the driver maintained the same version that he had given to the Urban Guard and provided a witness that was not even recorded in the trial, and the claim was dismissed at first instance.
He was appealed, taking the risk of a cost sentence. Finally, as our client is the only plaintiff and it is not clear how the facts occurred, the Court applied the case law of the Supreme Court and considered the appeal in full. The insurer was sentenced to pay 7,800 euros of principal, plus interest that exceeds that amount, as the accident dates back to 2021.
8. Summary: claim keys
| Appearance | What does it mean? | Legal basis |
|---|---|---|
| Driver's responsibility | Liability for the damage caused by the movement | Civil Liability and Security in Movement Act |
| Collapse without proven guilt | Each driver is responsible for the damage of the other; the person who claims can be compensated | Jurisprudence of the Supreme Court |
| Attacks and witnesses | They do not link the judge; they are valued with the other evidence | Free assessment of evidence |
| Appeal | Costs to the appellant only if completely dismissed | Article 398 LEC |
| Delay of the insurer | Legal interest + 50%; minimum 20% per year after two years | Article 20 Insurance Contract Act |
9. Frequently asked questions
Can I claim if you don't know who was to blame for the accident?
Yeah. According to the doctrine of the Supreme Court, when the fault cannot be determined in a collision between vehicles, each driver is responsible for the damage caused to the other, so that the person who claims can obtain compensation.
Is it worth a shot if I've lost my mind?
It depends on the reasons for the judgment. If the court did not correctly apply the case law or misassessed the evidence, the appeal can prosper. The cost risk should also be assessed if the action is rejected.
The police officer decides who's right?
No. The testimony is more evidence than the judge values together with the statements, witnesses, the damage of the vehicles and the other elements of the case.
Why can interest exceed compensation?
Because the Insurance Contract Act criminalizes the delay of insurers with an interest of at least 20% per year from the second year. In several-year procedures, the sum may exceed the main.
10. Conclusion
Losing a trial for a traffic accident does not necessarily mean losing the claim. Where the facts are not clear, the case law of the Supreme Court protects the person who claims, and a well-founded appeal can reverse an unfavourable sentence and force the insurer to pay, with interest.
In Leynver Lawyers We analyze each case in detail before deciding whether to resort, to defend your interests with the maximum guarantees.
