Breach injuries on the bus: how to value the insurer's offer before accepting it

Table of Contents

1. Intro
2. Who answers if you get hurt inside a bus?
3. The reasoned offer of the insurer
4. What it means for the insurance company to get the money in court
5. Why your own doctor's report is key
6. When to reject the offer and claim
7. Real case
8. Summary: steps of the claim
9. Frequently asked questions
10. Conclusion

1. Introduction

A sudden bus stop can cause a passenger to fall and cause injuries that take months to heal or leave permanent sequels. In these cases, the company's insurance company usually makes an economic offer. The big question is whether that amount really compensates for all the damage suffered, and the answer depends, above all, on a good medical report.

2. Who answers if you get hurt inside a bus?

The passengers of a bus who are injured in connection with the movement of the vehicle, for example by a brake, an acceleration or a sudden manoeuvre, can claim from the transport company and its insurer. The Law on Civil Liability and Insurance in the Movement of Motor Vehicles provides that the driver is responsible for the damage caused to the persons on the occasion of the movement, unless it proves that they were due solely to the victim's fault or to a force greater than the driving force.

In addition, there is a specific mandatory insurance for passengers in public passenger transport, which is compatible with civil liability compensation.

3. The reasoned offer of the insurer

Before going to court, the injured person must file a complaint with the insurer. From there, the insurer has a three-month period to submit a Reasoned offer a reasoned response explaining why.

The offer must be justified: it must detail the concepts that are compensated and be based on the available medical reports. But being motivated doesn't mean it's right. It is common for these offers to be based on a partial medical assessment that does not collect all the injuries or consequences of the injured person.

4. What it means for the insurance company to get the money in court

At times, the insurer deposits the amount she offers in court. This aims to demonstrate their willingness to pay and to avoid the high interest of delay imposed by law on insurers who are late in payment, who can reach at least 20% per year from the second year. We explained it to you with a real case in our article about the motorcycle accident we won on appeal.

That the amount is set does not force the injured to settle for it. If the offer is insufficient, it can reject it and claim the difference.

5. Why your own doctor's report is key

Compensation for road traffic injuries is calculated in accordance with the Law 35 / 2015which values separately the days of healing, permanent sequelae and economic damage. A loss of mobility in the hand, a lack of force to grab objects or an injury to the foot may mean sequel points that completely change the final amount.

It is therefore essential to have an expert report from a trusted doctor that analyses the full clinical history and values all injuries and sequelae. If you do not agree with the offer, the law also allows for a report to be submitted to the Institute of Legal Medicine.

6. When to reject the offer and claim

The decision to accept or reject should be made with data. The offer should be rejected, or at least not yet accepted, where:

• It does not collect all the lesions that are recorded in the clinical history.
• It does not value the consequences that persist, such as the loss of mobility or force.
• It has been done before the injuries have stabilized.
• Your trusted doctor's report gives a higher assessment.

The time limits for claims are short, and advice should be provided from the outset.

7. Real case

In the video, our client explains how he suffered the fall: he traveled in the reserved area to people with reduced mobility, along with a lady with a baby cart. As he came out of a roundabout, the driver, who had been flying a long time before, stopped at a zebra step. Our client fell over the cart and hit his right hand against the bus rails.

The insurance company of the bus company offers 4,036 euros and has recorded that amount in court. We are rejecting it: we expect the report of our trusted doctor, who will assess, from the clinical history, the loss of mobility of the right hand, the lack of force to grab and the injuries to the left foot. When we have that report, we will see if the offer is insufficient and, in that case, we will claim.

8. Summary: steps of the claim

9. Frequently asked questions

Can I claim if I fall on the bus for a break?
Yeah. The injuries suffered by a passenger in connection with the bus's movement can be claimed from the transport company and its insurer.

Am I obliged to accept the insurer's offer?
No. You can reject it if you consider that it does not cover all your damage and claim a greater amount, preferably with the support of an expert medical report.

What if the insurance company has already entered the money in court?
The appropriation does not force you to settle for that amount. It serves the insurer to avoid interest on delay, but you can continue to claim the difference.

Why do I need a report from my own doctor?
Because the insurer's valuation may not collect all your sequels. An independent report makes it possible to correctly quantify the compensation under the scheme.

10. Conclusion

In the face of a fall in the bus, the insurance company's first offer does not have to be the last. Before accepting it, it is essential to know how much the damage suffered is really worth, and that can only be determined with a full medical report that values all the injuries and sequelae.

In Leynver Lawyers We accompany you from the previous claim to the trial, so that you receive the compensation that really corresponds to you.