When a traffic accident occurs, it is important to record, at the scene of the accident, the identification details of the drivers, the vehicles involved, the insurance coverage (especially the policy number) and to identify the witnesses to the accident and their personal contacts.
If an agreement can be reached on how the accident occurred, drivers must fill out and sign an Official Accident Declaration (DAAA), where each driver is given a copy to give to their respective insurance company. If no agreement can be reached, each driver must fill out and sign their own DAAA form and give it to the other vehicle’s insurer. The official accident declaration can be filled out on paper or directly using the e-Segurnet app, which can be downloaded free of charge. Where possible, photographs of the damages and the accident site should be attached.
Within the scope of traffic accidents, the law includes several deadlines whose non-compliance may have consequences on the rights and duties between the injured parties and those civilly and criminally liable for the traffic accidents.
The accident must be reported to the insurer within 8 days from the date of the occurrence or from the date on which the insured became aware of it, under penalty of the insured being liable for damages. If they wish to file a criminal complaint, the injured party has a period of 6 months from the event and may file the corresponding civil suit within 3 years.
After becoming aware of an accident, the insurer has 2 working days to establish the first contact with the injured party and schedule the expert examinations. The insurer must then notify the policyholder or insured and the injured third party of its ruling on liability for the accident within a maximum of 30 working days from the last day of the deadline for first contact if there is only property damage (15 days, with a Official Accident Declaration) and 45 days from the date of the claim if there is personal injuries. These periods may be extended or suspended if the accident has occurred in exceptional weather conditions, if there has been a large number of accidents at the same time, and if fraud is suspected.
If the insurer assumes liability for damages arising from the accident, it must communicate its decision in writing, along with a reasonable settlement offer. If there are personal injuries, and there is no medical discharge report, or if the damage is not quantified, the settlement offer is provisional. If they decide not to assume liability, they must submit a written, reasoned justification for the refusal. Within 20 days of the claim, the insurer must inform the injured person whether it intends to carry out an examination to evaluate the personal injuries; or 60 days after the date of the accident if the injured person has not submitted a claim. The insurer must make the claimant’s medical file available within 10 days from the date the examination is received. The insurer has eight working days from the date of assumption of responsibility to carry out the payment.
03/03/2022