Main new features of Law 35/1015 of September 22
On January 1, 2016, Law 35/2015, of September 22, reforming the system for assessing damages and losses caused to persons in traffic accidents that occur from that date onwards, came into force.
In general terms, the new Law updates a system that is more than 20 years old (adapting the well-known "damage scales" to the new reality) and allows for increased protection for victims of traffic accidents through the rapid resolution of conflicts and the guarantee of sufficient compensation (modifying the procedure for claiming compensation from insurance companies).
The main novelty of the new regulation of the scale focuses on the increase in the protection of victims, raising the amount of compensation by up to 50% on average in the case of death, by 35% in compensation for sequelae and by 12.8% in compensation for injuries.
As a new provision, it is also exceptionally foreseen that the relatives of deceased victims or those seriously injured are entitled to compensation for up to 6 months for the medical and psychological treatment expenses they require due to the psychological disturbances caused by the accident.
Furthermore, the new system recognizes, for the first time, the victim's close relatives as beneficiaries of compensation in the event of death ; that is, those who had lived with the victim for at least five years immediately prior to death and were especially close by kinship or affection. Those injured in traffic accidents are thus classified into five independent categories: spouse, ascendants, descendants, siblings, and close relatives, considering that these individuals always suffer compensable damages of the same amount, regardless of whether or not they are included in other categories of victims.
One of the main differences between the new compensation scale and the current system is its treatment of lost earnings, that is, the money a person loses as a result of a traffic accident. The current system considered this concept, but in a very simplistic and inadequate way. With the new traffic accident compensation scale, lost earnings play a significant role in calculating the compensation due to the victim of an accident.
With the new reform, it is a novelty to include as beneficiaries of compensation, groups such as people who do housework (the unpaid work of people who are exclusively dedicated to housework ) whose work will be valued equivalent to the SMI (minimum interprofessional wage) or minors and students (whose loss of work capacity will also be quantified) who, because they do not receive income from work, are not left without causing an objective harm in case of sick leave due to a traffic accident.
Regarding personal injury claims, in the event of death, the perception of compensation is improved through individualization, taking into account new family structures, and a distinction is made between:
– Basic financial loss or reasonable expenses arising from the death, compensated with a minimum amount of 400 euros and
– Specific expenses, including the transfer of the deceased, repatriation, burial and funeral.
In cases of permanent injuries or sequelae, special emphasis is placed on compensating the seriously injured person who is left with disabilities requiring intensive support for their personal autonomy, compensating for the damages and emerging losses related to the different items of future care expenses.
In addition, the medical scale for sequelae is being reviewed to adapt it to the current state of science.
In the case of temporary injuries, a distinction is made between:
– Healthcare expenses and
– Other miscellaneous reimbursable expenses, which are all those necessary and reasonable that the injury generates in the ordinary course of daily life, such as the increase in mobility costs of the injured person, the travel of family members to attend to him, expenses to attend to minor or especially vulnerable family members that the injured person took care of, etc.
Regarding minor spinal injuries, the injury will only be compensated as a consequence if a conclusive medical report proves its existence after the period of temporary injury.
In other matters, Article 41 of the new Motor Vehicle Compensation Scale allows either party to request the total or partial substitution of the corresponding compensation with a life annuity for the injured party. The judge may also order such a substitution ex officio when the injured parties are minors or persons with legally modified capacity, in order to protect their interests.
Regarding the procedure for claiming compensation from the insurance company, if there is disagreement with the insurer's reasoned offer, the parties may attempt to resolve the dispute amicably through mediation .This provides an alternative to civil litigation, allowing injured parties and insurance companies to reach an agreement on compensation, streamlining the process and enabling the injured party to receive payment sooner and avoid the costs associated with filing a lawsuit.
Finally, it should be noted that the new system also affects public health because insurers will compensate the public health services of the different autonomous communities for expenses arising from new covered damages such as future medical costs, certain rehabilitation expenses or the need for replacement prostheses for seriously injured people.
Olga García
Civil/Criminal Area
Àmbit Assesor
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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