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10 useful tips after having a traffic accident

Have you suffered a car accident? Are you injured or hurt and do not know how to proceed? Lexland provides ten guidelines to follow after a car accident that can be very useful to help you exercise your rights:

1. Firstly, as we have advised in previous articles, it is crucial to obtain reliable evidence of the existence of the accident. That is, evidence of how the accident took place and which driver caused it. In the best circumstances, we may sign the accident statement agreement with the driver of the other vehicle. Do not worry if you do not have the standard form with you at that very moment, since this statement does not require any formality and you may fill it in on a blank piece of paper. The important matter is that it contains all the necessary information, such as the number plate of other vehicle, the other driver´s details, insurance company and policy number. However, if this is not possible or you are not able to reach an agreement about what happened, we advice you to call the Local Police or Guardia Civil for them to  write a report. In addition to this, it is always advisable to take down the details of the witnesses of the accident so that they can testify in your favour and clarify how the accident took place.

2. Regarding your injuries, it is very convenient to see a Doctor. He shall run a medical check-up and provide you with a medical document which will be one of your main sources of evidence. It is possible that the injuries or pain do not appear until 24 hours after the accident, but you may attend the hospital or medical centre as soon as you feel hurt or sore.

3. You must inform your insurance company of the accident within the legal timeframe of seven days after it has taken place.

Traffic accident – Useful tips

4. Please be advised that all the invoices, receipts and prescriptions from the Doctor, Physiotherapist or Chemist must be kept in order for your Lawyer to be able to request a refund of the amounts spent due to the injuries caused by the other party.

5. It is crucial to seek the advice of an expert Lawyer in order to obtain the highest compensation possible. Do not be mislead by the recommendations of friends and acquaintances, as each case is different from another and your claim cannot be based on the comments or advice given to another client in another case. Please feel free to call and set up a meeting with your future Lawyer. Free no obligation consultation!

6. In addition to this, we encourage you to engage an independent Lawyer to represent you. Although your insurance company will appoint a Lawyer, please note that there may be a conflict of interest. Moreover, and even in the event that no conflict of interest arises, when your insurance policy covers Lawyer´s fees, it is highly recommendable to engage the Lawyer of your choice, since it is always necessary to hold several meetings with your Lawyer in your own language and Lawyers from insurance companies may not be able to speak English and tend to be very busy and setting meetings with them may not be possible at all times. As you know, this is crucial in order to feel confident, well represented and updated regarding your case.

7. We recommend you not to sign a document that forces you to waive any rights you may have. When the insurance company offers to settle, it is very important that what you sign is a comprehensible document. If you are to settle for a certain amount, the document you sign should not include a clause forcing you to waive any of your rights, since further compensation may not be sought if this document is signed.

8. It is very important to follow your Doctor´s recommendations, especially regarding the medical treatment you have to follow. This is due to the fact that in our experience, some judges have not granted compensation to injured parties when the medical treatment as prescribed by the Doctor has not been followed, since this may lead the Court to think that the injuries claimed do not really exist.

9. Once you are summoned to attend the appointment with the Doctor appointed by the Court, it is very important for you to provide him with all the medical documents you have, including the certificate from the emergency room as well as the prescriptions of the medicines. Although this requirement is put forward in the document that summons the injured party, if they are not provided to the Doctor, he will not be able to accurately assess the injuries and your compensation may not be valued correctly.

10. Finally, we kindly request that you follow your Lawyer´s advice, asking us all the queries you may have during the procedure and seeking advice regarding the proposals for compensation that the insurance companies may offer, since no one better than your own Lawyer shall be able to defend your rights and interests.

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