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Thursday, 21 May 2015 12:24

The new assessment of damages in traffic accidents

Justice Minister held a meeting with associations of victims of road accidents to those who stressed that the reform recently approved by the Government to change the system of assessment of damages caused in such accidents, increases the protection of victims and ensure adequate compensation and adapted to reality.

The meeting was attended on behalf of CERMI president, Luis Cayo, the manager, Luis Alonso and legal adviser, Oscar Moral; Secretary of the National Federation of ASPAYM, Own Angel and Carlos Gomez; spokesman of the Associations of Victims of Trafficking, Josep Pérez; PREDIF, Ignacio Osorio; of FEDACE, Clara Dehesa; responsible for formation of Stop Accidents, Noa Sanchez-Cabezudo; AESLEME director, Mar Cogollos and representing PAT-APAT, Amelia Ruiz. They have accompanied the minister, the general director of Relations with the Administration of Justice, Ricardo Conde and technical secretary general, Julio Fuentes.

Catala, who believes that the reform undertaken puts Spain at the height of the measures envisaged at Community level, has indicated that the new system of compensation that is contemplated will have a more active character, updated and adapted to reality, including important concepts as consequential damages and lost profits.

Justice Minister stressed to representatives of associations of victims of road accidents that Bill has been an achievement of all, considering associations as true co-authors of the initiative, since it was born as the result of dialogue , negotiation and consensus.

To Catala, the relevance of the project is based on affecting virtually the entire Spanish population, since we are all susceptible to an accident of this nature. However, there was a lack of time to standardize the level of compensation that has now been remedied.

Thus, legislative reforms will take in order to repair in full the damage and suffered losses, taking into account the economic conditions of the victim's social personal, family, and, including loss of income and loss or decreased ability of profit.

According to the minister of justice, a principle of objectification it is introduced, whereby compensation shall comply with rules and limits established in the system. It also expands the situations likely to generate such compensation, adapting them to the social reality, so that family structures, such as unmarried couples, which until now had not been regulated will be contemplated.

In the case of compensation for consequences of the accident, the repair of large reinforced injured and concepts of damages and consequential damages are integrated, as they could be future health care expenses. Another new feature is the ability to compensate people for the economic damage suffered when their occupation is that of housewife.

Similarly, Rafael Catalá explained that the introduction of a system baremación tables, which will facilitate the implementation of the system and rapid resolution of conflicts, promote agreements and court settlements, unloading work to the courts. Disputes or conflicting interpretations of the new system shall be settled by a Commission Rating System, composed of victims' associations and insurers.

Victims' associations, meanwhile, have thanked the minister meeting held a week before the deadline for amendments is close to Bill in Congress and congratulated that this social demand becomes finally a reality.

Digital Newspaper El Derecho