Filing a claim for a hit-and-run accident is relatively simple, unless it is possible to usa number list prove that the pedestrian is solely responsible . In that case, it is very difficult to obtain compensation, or it would be reduced. In any case, it is best to be advised by a lawyer who is an expert in hit-and-run accidents .
If a hit-and-run occurs, the most important thing is to provide medical attention to the victims. Next, the vehicle's information should be taken (license plate, model, driver's details, etc.). In the event that the police appear, they will draw up a police report (this document is very important because it is essential evidence in the event of a trial).
It is essential to go to the doctor, even if there are no serious injuries, since a report will be drawn up stating the accident and a physical assessment will be made of the injured person. You should go to the emergency room as soon as possible, the maximum time established for the care of injuries to victims of traffic accidents is 72 hours . If you do not go within this period, you could lose your right to claim compensation.
In addition, the victim must check his or her belongings and the material damage caused by the accident, since the claim covers not only physical or mental expenses but also material ones.
The procedure for making a claim for a hit-and-run begins with a claim by the victim or his lawyer to the insurance company. Reporting the damage suffered. The company has a period of 3 months to issue a reasoned offer .
If no agreement is reached, I will begin legal proceedings . The victim will file a lawsuit against the insurance company in court and a judge will make the final decision.
How is compensation calculated?
Compensation for hitting a pedestrian can include different concepts:
Physical, moral and aesthetic damages: these are assessed by a doctor through a report.
Material damage : damage suffered by objects that were being carried at the time of the accident (mobile phone, watch, bag, etc.).
The physical and/or psychological consequences of the damage caused by the accident, which result in limitations in the victim's life.
The loss of the victim's finances , which will be determined by the time during his or her recovery that he or she has not been able to work or attend to his or her business. For example, in cases where he or she has to be on sick leave.
All of these elements must be taken into account when calculating and claiming compensation for a hit-and-run.
Compensation is calculated in accordance with Law 35/2015, of September 22, on the reform of the system for the assessment of damages and injuries caused to persons in traffic accidents and based on the scale of traffic accidents:
Basic personal injury €32.91
Moderate personal injury €109.70
Serious personal injury €82.28
Very serious personal injury €57.04
The personal and professional situation of the injured person must also be taken into account, as well as the effect that their injuries have on their life and work performance. In addition, the consequences are quantified in points, and each point has a value.