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Traffic Accidents and Compensation
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Did you know that as a driver you have access to several rights if you are involved in an incident on the road?
Car liability insurance is mandatory for all drivers. This type of insurance protects people who are injured or have their property damaged as a result of an accident caused by others. Therefore, if you are injured or your vehicle is damaged, you may be entitled to compensation to repair the damage.
If you are looking for more information about traffic accidents and compensation, or qualified lawyers specializing in car accidents, then you've come to the right place. Continue reading the article and have all your questions answered. If you still have questions, don't hesitate to contact us.
How do I file a claim for compensation after a traffic accident?
A friendly declaration is the key to proceeding to compensation in case of a car accident.
This document must be properly completed, and it is where the actual events and the resulting damages are recorded. Then, the insurance company will be responsible for determining who was at fault for the incident.
Car accident claims settlement
The way to protect those affected by accidents is through compensation. This compensation covers:
- Property damage;
- Bodily injury.
The calculation of damages is obtained through various factors, ranging from the age of the injured party to their employment status, or the value of the damaged goods.
However, in order to activate the reimbursement, it is necessary to complete the amicable declaration, which will be delivered to the insurance company, which in turn assesses the claim and the resulting damages.
Therefore, the following aspects must be taken into account:
Completing the amicable declaration
The amicable accident report form should be filled out carefully, ensuring that all information and statements are correct. If there is disagreement about who is truly at fault for the accident, it is advisable to call the authorities to prepare an official incident report.
Accidents involving uninsured cars
The law establishes that, in the absence of car insurance, the Automobile Guarantee Fund (FGA) must guarantee, in the first instance, the repair of damages caused by the vehicle. Therefore, the FGA is responsible to the victims of... road accidents occurrences in Portugal, when there is no mandatory car liability insurance for the vehicle that caused the accident or the driver is unknown.
Reporting a car accident to the insurance company.
The traffic accident must be reported to the insurance company as soon as possible.
The law establishes a period of 8 days from the date of the accident to send all information and evidence about the incident. In these cases, it is preferable to file the complaint in writing, with the victim able to choose between email or registered mail, in order to be able to prove the documents sent.
Medical assistance – if necessary
Regarding medical assistance, insurance companies are not obligated to provide any medical services to the injured person, unlike in the case of workplace accidents.
However, this does not prevent the injured person from receiving treatment. In these cases, and since the insurance company has a duty to repair all damages resulting from the road accident, it must reimburse the injured person for all medical expenses, provided they are duly proven by the respective invoice for the services rendered or the treatments referred to.
To prove the causal link.
The right to compensation for a victim of bodily injury implies the existence of a causal link between the traffic accident and the bodily injuries.
The assessment of injuries is the most critical phase in claiming compensation, as there may be differences of opinion among the medical experts who evaluate the victim.
In this regard, the intervention of a specialized lawyer is essential to ensure that medical opinions and examinations comply with the law and applicable guidelines.
Inability to perform the job
Whenever a traffic accident results in permanent disability (partial or total) that impairs the victim's productive capacity or requires additional effort in performing their usual activities, the victim is entitled to compensation for future financial losses, that is, for what they will no longer receive due to these limitations, whether physical or psychological.
Reasonable offer for compensation
After the victim requests civil compensation from the insurance company, the latter has a duty to present a proposal – the so-called Reasonable Proposal – and provide copies of the documents used to determine that amount. Of course, the obligation to present such a proposal presupposes that the insurance company has assumed responsibility for the claim, thus committing to pay all damages resulting from the accident.
If the insurance company accepts liability, then, according to the tables established in Decree No. 377/2008, it calculates what it considers to be a "fair value" to compensate the victim, presenting this value in writing.
However, it is important to point out that the criteria for calculating this proposal usually involve a medical evaluation of the victim carried out by the insurer's own clinical services. Often, this evaluation may not reflect the victim's true clinical condition.
Legal action
If the victim chooses to accept the compensation offer made by the insurance company, this means that they are considered fully compensated, extinguishing their right to claim anything else from the insurer.
If the victim does not accept the compensation offered by the insurance company, they can appeal to the courts, which will determine compensation according to the damages and injuries they present. This appeal to the courts can be made through a civil action or as an attachment to the criminal proceedings, if any.
In summary, the settlement of car accident claims is a complex process involving several steps and requiring attention to detail.
From filling out the amicable settlement form to the possibility of legal action, it is important that the victim is aware of their rights and the insurer's obligations.
The assistance of a specialized lawyer can be invaluable in ensuring that the victim receives adequate compensation for the damages suffered.
Looking for a lawyer to handle traffic accident compensation claims? Contact us!
What are the legal deadlines for road accident claims?
Now that you know how to file a car accident claim, it's important to consider one question: what are the legal deadlines for these claims?.
The insurance company
- As soon as the insurance company becomes aware of the claim, it has two days to contact those involved in the accident and take note of the damages and losses incurred.
- Regarding property damage, the insurance company must begin its work within 30 business days. In the case of bodily injury, the deadline is 45 days, provided the patient has already been discharged from the hospital and it is possible to quantify the damage.
The insured
- The injured party has up to eight days to report the accident.
- If you intend to proceed with a criminal complaint, the injured party has six months, or in the case of a civil action It can last from three to five years.
It is important to note that in all cases, the time period begins to be counted from the day the incident occurred.
What are the rights of those injured in accidents?
In the event of an accident, the injured parties are entitled to compensation to address the damages caused by the incident. From property damage to bodily injury, there are a wide range of situations in which the injured party receives assistance.
What types of compensation are available in traffic accidents?
Given that there is a wide range of damages for which the insured is protected, they are divided into two groups:
Compensation for Property Damage
Compensation for property damage occurs when a victim's vehicle is damaged in an accident caused by a third party.
After filing a claim with the insurance company, the insured party has the right to have their vehicle repaired to the same condition it was in before the accident. If the insured party damaged or lost other items in the incident, that amount will be reimbursed.
In situations where the injured party has been prevented from using their vehicle for transportation, or where the vehicle depreciates in value, compensation for material damages is guaranteed to offset such constraints.
Compensation for Bodily Injury
Compensation for bodily injury protects the injured party from injuries and lasting consequences resulting from the accident. The need for long-term medication, aesthetic damage, the amount of pain experienced, inability to work or perform daily tasks are some of the cases in which compensation will be granted.
This compensation applies from a driver to a pedestrian who has been injured by another person.
How are compensation payments calculated in traffic accidents?
Although there are a large number of situations where compensation is awarded, what is the amount of a reimbursement?
Calculating compensation for car accidents should be done with someone who is an expert in the field, since the calculations are not the same for all cases.
Regarding bodily harm, There are specific factors such as the injured person's age, the level of pain they experience, or their level of disability.
Em situações de danos materiais é averiguado o valor do que foi danificado, ou o valor que o automóvel teria em mercado na altura do sinistro.
How to obtain compensation for a traffic accident in Portugal
In traffic accident compensation claims, the first step is for those involved in the accident to fill out the amicable settlement form. It is advisable for drivers to have this document, or it can be requested from the insurance company, or downloaded from the internet, via the app. e-security.
Why should I contact a lawyer?
To resolve issues related to compensation in the event of a car accident, the injured parties or their families should seek specialized help to assist with the process.
Lawyers specializing in car accidents are a key element in these circumstances. A car accident claims lawyer monitors and investigates their client's claim to ensure that the client does not lose their rights.
One of the main impacts of contacting a traffic accident lawyer is ensuring that the injured party's damages are properly compensated. To do so, contact our law firm, where you can find an expert who can answer any outstanding questions you may have on the subject.
How long does it take to receive compensation for a traffic accident?
The time it takes to receive compensation varies depending on the type of damage. In the case of property damage, the deadline is 30 working days. In the case of bodily injury, the deadline is 45 days, starting from the date the compensation was requested, provided the injured party has already been discharged from the hospital.
Conclusion
Whether it's material or bodily damage, this article makes it clear that there are compensation options available to you in the event of a traffic accident.
However, the assistance of a lawyer specializing in this area is essential so that you can make the most of your rights as an injured party.
Notice: The information presented in this article is for informational purposes only and should not be interpreted as legal advice. While we have made every effort to ensure the accuracy of the content, we assume no responsibility for any inaccuracies, omissions, or legal changes that may occur after publication. If you are facing a specific situation or have questions about any matter discussed, we strongly recommend consulting a lawyer or legal expert for advice appropriate to your situation.
