Road accident victims need to be paid indemnity for any property and non-property-related damage.
The movement of motor vehicles implies, by itself, an risk for motorists and everyone who is circulating on public roads.
This is why all vehicles operating on public roads must be covered by insurance for automobiles. Civil Liability insurance ( Decree-Law 291/2007, effective July 21 ).
This legal obligation guarantees that anyone that is the subject of a crash on the roads and not solely their fault will receive compensation for the harm caused, regardless of whether it is non-pecuniary. The obligation to compensate falls on insurance companies or, eventually, the Automobile Guarantee Fund if the vehicle is not insured. A valid insurance policy.
Basic PRINCIPLES of SETTLING ROAD CLAIMS
The settlement of claims may bring up some legal issues that will be crucial in determining the final result of the process and payment of compensation to victims of road accidents.
In any other case, the structure of evidence is crucial, and when it comes to accidents on the road, the injured party must be aware of the following aspects:
- The friendly declaration should be completed with care by confirming that all information has been correct. If the drivers cannot agree on who to blame for the incident, It is recommended to contact the authorities so that a record of the incident can be made. The police will remain in the location in which the incident occurred. In such situations, it could be that the Automobile Guarantee Fund is responsible for paying costs and, eventually, compensation. However, if the person injured quits the site of the accident the scene, it can be difficult to establish what transpired.
- Insurance company: The incident that caused the accident should be reported immediately to insurance companies as fast as possible. The law provides a time frame of 8 days following the day of the incident to submit all data and other documentary evidence ( 34o Title II Chapter III The DL 291/2007 dated 21 August ). It is preferred to send your complaint by writing, either via registered letter, email or fax. This is because it provides proof of the communication and the dates they were sent. Victims could also ask that insurance companies supply all details in written form. DL 291/2007, dated August 21).
- Medical assistance is required: Contrary to what happens when accidents happen at work when accidents happen on the road, insurance companies aren’t required to provide medical service to the victim. However, the insurance company often offers medical aid to hospitals and clinics collaborating for financial reasons. The injured party can choose to receive treatment from an insurance provider or through the National Health Service (SNS) or any other private clinic of his choice. Since that insurance company is obligated to fix all damage resulting from the crash, and if the injured person decides to receive treatment through private clinics independent of the insurer or via the SNS, the patient must be paid for medical costs as soon as possible.
- Rights to repair damages The basis for this is the concept of restitution in integral which means that the condition that existed before the event has to be restored. It isn’t always possible, and the victim is awarded compensation for damages that are not repaired.
- Demonstrate the causal connection: For the victim to receive compensation; there must exist a causal connection, which is there is a direct and obvious relationship between the crash as well as the injury presented. This is among the most debated issues when damage to the body occurs, especially in cases with prior injuries that could be aggravated. The diagnosis of injuries is the most contentious issue during an appeal process for compensation because experts in personal injury assessments might have differing opinions on a similar injury. On the contrary, it is crucial to ensure that medical statements are interpreted in line with the legal requirements.
- Impact on the working environment: Whenever the road accident causes permanent impairment (partial or total) that affects their productive capacity or requires more effort to carry out their everyday tasks, the person who was injured is entitled to an amount of compensation for any future property damage (i.e., that they will be compensated for psychological and physical limitations or the additional effort required in the execution of their job).
- The reasonable proposal: Once the compensation claim has been submitted, the insurance company has to present an affordable Proposal and provide copies of the documents upon which it gave the amount.
- Legal Legal
Suppose, under the law, the victim accepts the compensation plan offered by an insurance firm and does not waive civil and criminal actions. In that case, It is considered that he has been wholly compensated, and the right to appeal to the courts is canceled here. In case of a dispute with the insurance company, victims of road accidents can appeal to the Courts in either filing a civil suit or, if they’ve made a criminal complaint towards the party they consider accountable for the incident and filing a compensation appeal. It is a clone of the criminal procedure within the criminal process.
COMPENSATION CALCULATION
” Whoever is obliged to fix a damaged item must recreate the condition that could have occurred, even if the event that obligates the repair hadn’t occurred. .”
Art. 562 in the Civil Code, Compensation Obligation Art. 562 of the Civil Code, Compensation Obligation
Calculating the compensation due for road-related accidents is a complicated task based on various aspects, particularly in bodily injury cases.
Contrary to the practices of other nations, like Spain or France, where the law is based on a table ( Bareme ) with clear amounts to facilitate compensation claims, Portuguese legislation is essentially built on the concept of equity. This means that the determination of the amount of indemnity is based on the criteria analyzed by the judge and the law of the land that applies to similar instances.
The tables are the notion that the victim is the most critical factor in his capacity to produce: the earnings earned from his work.
This is why the assessment of injury is essential. If you’ve been in an accident on the road, your medical test and history are the primary evidence you need for “fair” damages.
Evaluation of bodily injury
Bodily harm is any condition that impacts an individual’s mental and physical health.
As with other experts who specialize in the evaluation of bodily injuries and injuries, we believe that the harm can’t be evaluated solely from the standpoint of work loss or earning capacity. It is best to assess it using a cross-sectional approach which encompasses the full impact on the victim’s daily life.
The injuries resulting from accidents on the roads can result in implications that affect not only the professional life of the injured individual but also his daily routine, from basic daily tasks to leisure and more.
The damage is split into two major groups:
- Assets
- Moral or Non-Equity
Damage to property
Property damage refers to the damages to the property of the victim, which by its nature is susceptible to compensation or repair via natural restoration or reconstruction of the conditions before the accident or by replacement of comparable property. Or in cash. Or cash compensation. The idea of property damage:
Emerging damages:
” Consequent damage comprises the loss incurred to property or rights owned by the person injured at the date of injury .”Art. 564 in the Civil Code.
Emergent damage is the damage that results from the destruction, loss, or property damage caused by the accident on the road and any expenses incurred by the victim (medical and medical expenses, food, accommodation and transportation, help from a third-party, modification of the vehicle or home or residence, etc. ).
Profit loss:
Loss of profits is understood to refer to all income loss due to the temporary incapacity of a victim (work leave) insofar that they are legally documentable and, in contrast, equity benefits the injured party did not receive as a result of the accident.
” When determining compensation the court can look at future damages if they can be predicted. If they cannot be determined and the decision on the amount of the indemnity is left to a future verdict.”Art. 564, no . 2 from the Civil Code.
The assumption of indemnity rights as envisioned within the Civil Code requires the repair of any future or present damages, provided they are visible.
Calculating the specific amount for future damage according to the sense of the word isn’t possible. Thus, the law is based on factors that can be proved financially (income) along with other instrumental (legally accepted tables and formulas ) calculations to calculate the amount of fair compensation.
The most typical scenario that can be considered in the context of future injury could result from the reduction in earnings caused by any incapacity situation that impacts the performance of the person injured as a worker. This could result in a financial loss of income or more difficulties in completing his job duties.
Before the amendment to Ordinance 377/2008, dated May 26, as amended by Ordinance 679/2009, dated 25 June 2009, only permanent impairments were available for the typical occupation. The changes made by the new order allow compensation for impairments resulting from the ordinary course of work and extend the right to compensation to individuals who were not engaged in any occupation before the accident.
The degree of permanent incapacity to work is analyzed in the context of forensic medicine in conformity with the National Table for the Assessment of Permanent Disability in Civil Law.
It is the prevailing view of the jurisprudence of the nation that damage to the body caused by the general capacity of permanent impairment is likely to be a valid reason for indemnification for future property damage. STJ 10.04.2007. 10.04.2007
Materials damage:
In the case of urgent damages, material damages are typically covered, including repairs to the car and the cost of repairing any objects damaged by the collision (mobile phone, clothing glasses, glasses, helmets, watch, etc.). While it’s one of the primary concerns for people injured in road accidents, repair of these damages typically doesn’t cause many problems.
One of the most commonly cited damages is repairs to the vehicle or compensation for the complete loss in the car’s value.
Total damage to the vehicle is considered a situation where the obligation to compensate must be settled in cash. To do this, one of the following requirements must be met:
- The vehicle vanished or was eradicated;
- The repair is not feasible or unsuitable due to the safety standards of the car being damaged;
- The estimated repair cost, when added on to salvage value (value of what is left of the vehicle damaged), is higher than 100 percent or 120 percent of the value of the market (commercial worth of the car) if it is less than or greater than two years of age. If a vehicle is more than five years old, the law allows for an increase of 2% yearly that is more than five years old. This can be with a maximum of 20 percent.
The compensation for all loss and damage to the automobile is equal to the value that was marketable for the vehicle as of the date of the accident. It is then subtracted from the salvage value if it has the owner.
If the insurer suggests the payment of compensation on the notion of the total loss, it has to provide the following information to the party who is injured:
- Find out the person who performed the expert evaluation of the estimated repair cost;
- The value of the vehicle at the time of the accident.
- Based on the assessment, the estimation of the importance of salvage and identification of the person who will acquire it.
Non-pecuniary damage:
Non-pecuniary damages, also known as moral damages, are, as the title suggests, the loss of a subjective and personal nature and are not subject to a financial evaluation.
It is easy to understand that translating the emotional and psychic trauma that a road accident causes into money, or the amount of pain, suffering, or suffering, is not identical to calculating the economic damages resulting from an accident.
To determine the amount of compensation due to the victim in these circumstances, guidelines were established that define the maximum and minimum amounts due to compensating for the loss.
According to the compensation plan, the non-pecuniary damages are, for instance, quantum doloris , aesthetic damage, loss of personal affirmation, and loss of personal commitment, which is subject to compensation in the form of economic damages determined by a medical appraisal of the severity of the harm as well as the remuneration amounts set to by the jurisprudence of similar circumstances. These damages are cumulative; therefore, the victim must be compensated in the appropriate quantity for each of the injuries and for any additional damages that do not fall under the non-pecuniary damage category.
The amount of pain:
It is a measure that aims to measure the psychological and physical discomfort that results not just from the injuries but also from the treatments required or the stress and anxiety caused by the conditions that lead to the accident like, for instance, the necessity for hospitalization and the injured victim being subject to surgical procedures and the awareness of the risks to their lives, the withdrawal from social and family life as well as the inability of carrying on professional obligations, etc.
The quantum doloris should therefore be evaluated in light of both psychic and physical.
But, its measurement is a subject of debate because some people have more resistant to suffering than others. Some can manage post-traumatic stress faster, and a person who’s been in an accident previously may more easily overcome the subsequent one, and so on.
The individual’s characteristics, as well as previous experiences and the social context of the person, affect how the damage is perceived and felt by every person.
If, on the other hand, we are dealing with the subjectivity of the pain of the person who is injured, however, on the contrary, we have the subjectiveness of the doctor who assesses the injury.
Ordinance 377/2008, dated May 26, regarding the mandatory procedures for providing fair compensation for bodily injuries that result from road accidents, provides a graduated scale ranging between 1 and 7, with the lowest value being deemed to be very minimal and the highest value considered to be crucial. Regarding a reasonable compensation plan, the only damage from 4 and up, which corresponds to moderate, will be considered average.
| The degree of discomfort | up To (Euros) |
| Up to 3 points | no compensation |
| 4 POINTS | 800 |
| 5 POINTS | 1,600 |
| 6 POINTS | 3,200 |
| 7 POINTS | 5,200 |
These figures are only indicative and represent the minimum amounts required by law for the calculation of the reasonable Proposal.
cosmetic damage
According to the title, aesthetic damage encompasses the total damage caused to the physical appearance. You could call it”the “offense to the beauty of the status of aesthetics” of the victim.
As with the quantum phenomenon, aesthetic damage has a psychic and a physical part.
The physical aspect refers to the physical marks that are imposed on the body’s surface, and the psychological element is related to the displeasure and anger that the victim feels at having these marks.
Other aspects must be taken into consideration to determine the damage caused. A male’s leg might not be of an equivalent “value” as a mark on a woman’s calf, or an impact on the face of a young woman is not valued the same way as a mark on the front of an 80-year-old. Here are some examples.
However, cosmetic damage can also be considered property damage if the damage hinders the ability of the person injured to perform professional activities. The person who is injured is unable to work in the area.
In this situation, the worker would face a permanent impairment to the typical work. In addition, on top of the aesthetic harm and the aesthetic damage, he must also be compensated for any future property damage since it will be impossible for him to continue carrying out the work he is doing. A reasonable suggestion, the estimation of damages is also determined by an arbitrary scale, whose parameters range from 1 to 7, with 1 being very minor and 7 being extremely significant.
Contrary to quantum doloris every point is covered:
Annex I. COMPENSATION FOR ADDITIONAL Damages.
| Cosmetic Damage | up To (Euros) |
| 1 POINT | 800 |
| 2 POINTS | 1,600 |
| 3 POINTS | 2,400 |
| 4 POINTS | 4,000 |
| 5 POINTS | 5,600 |
| 6 POINTS | 7,250 |
| 7 POINTS | 10,000 |
* Minimum amounts that are legally required when making an reasonable offer to the insurance company.
personal declaration of personal
The lack of self-confidence is reflected in the limitations that the injured person develops from a social and functional perspective which hinder their ability to perform leisure and recreational activities.
They are a significant element of personal accomplishment that once ultimately results in feelings of disgust and a loss of enjoyment when it comes to living. This is why compensation is also offered to help repair damage in the field of Civil Liability.
To evaluate the loss of personal confidence, a 5-grade scale is commonly used, beginning with Moderate and moving up to Very Important.
DANGEROUS CAR CARE
Loss of life damages also known as the loss of life is the true definition of, non-pecuniary damage since it is not possible to redress the circumstances which existed prior to the incident (return the victim back to health). This is why it is that the current law provides financial compensation for pain and suffering due to the loss of the loved one.
As with other damages not financial, there are a lot of concerns that arise regarding the measurement of “fair” (ie fair) indemnity for those affected by the loss of a victim.
Although it is not a patrimonial act that the victim can contribute to the family’s economy or even provide its sole provider of support. For this reason, the financial losses that result from the death of the victim should be taken into account as property damage. The number of damages is to be calculated by taking into consideration the economic circumstances of the victim and the equity criteria.
In the context of the term, “NON-PROPERTY DAMAGE The following can be taken into consideration:
- Right to live
- Moral damage to the victim
- Moral damages for the descendants
In accordance with the guidelines to implement the reasonable Proposal as outlined in Annex II to Ordinance No. 377/2008, dated May 26, the maximum amounts that are applicable to any of the damages will be:
Annexe II. Compensations due in the event of the death of a person and for any damages to the heirs
moral damages for the inheritors
| Group I Spouse or other descendants | Until |
| — Spouse with at least 25 years of marriage | EUR25,650.00 |
| • Spouse who has under 25 years of marriage | 20.520,00EUR |
| For every child who is less than or equal to | EUR15,390.00 |
| • For each child who is over the age of 25 | EUR10,280.00 |
| >For each grandchild or other relatives (3) (5) | 5.150,00EUR |
| Group II only children or other descendants | Until |
| — Child younger than or equal to | EUR15,390.00 |
| • For every child aged 25 or older | EUR10,260.00 |
| >> For each Grandchild and another descendant (3) (5) | 5.130,00EUR |
| Third Group – Parents Only or Other Ascendants/Collaterals Group III – Only Parents and Other Ascendants or Collaterals | Until |
| A) Parents • Each parent for each child whose age is less than equal to 25 years. | EUR15,390.00 |
| >> For each parent for every child aged 25 or older | EUR10,260.00 |
| B) Without parents or with grandparents >To the grandparent of each (4) | EUR7,695.00 |
| c) Without parents and grandparents and with other ascendants/collaterals >> To one another ascendant/collateral | EUR2,585.00 |
| Grup IV No Brothers or cousins who are their representatives | Until |
| ” Brother | EUR7,695.00 |
| • For each nephew that represents deceased siblings | EUR2,565.00 |
GRADES:
(1) In a general basis:
A) Each Group is excluding the following.
B) In the case of children, adopted children are also considered.
c) The ages referred to in the table, both for the victim and for the victims/beneficiaries of compensation, are those reported on the accident date.
(2) Spouses not legally separate from any other person and property, or even in reality.
Legally acknowledged legal de facto marriage is equal to marriage
(3) (3) They are only entitled to this amount of compensation if the person is deceased or has already died prior to when the claims were made. If the person who died is deceased after the incident,
The rules of succession are followed.
(4) Grandchildren are considered children if they are parents through surrogacy (guardians).
(5) Grandparents will be considered parents if they substitute parents (guardians)
| INCREASES (A) (1) | Until |
| The loss of a child who was the only one | 25% |
| One child is lost who is older than 40 years | 50% |
| More than one child from the accident | 50% |
| Children are all lost during the exact same incident | 100% |
| Through cohabitation with children older than 25 years of age, and siblings younger than 25 years old of 25 and their grandchildren | 25% |
| Children younger than 18 who have been abandoned by the Second parent | 100% |
| Children younger than 18 who have been left orphaned both parents were involved at the same time in an identical accident. Both parents were injured in the same | 35% |
| Children who are younger than 25 who have been orphaned by the second parent. | 50% |
| Children who are younger than 25 who have been orphaned Both parents were involved at the same time in an identical accident. Both parents were injured in the same | 75% |
| Children above 25 who are abandoned by the parents of their children | 25% |
| Children of 25 or more years of age, who were abandoned by both parents during the same accident. | 40% |
| Dependence due to physical impairment or psychological benefit (2) | If you’re a spouse or child less than 25 years old, 75 percent If you’re a child older than 25 years old, 50 percent Other beneficiaries Any other beneficiary |
(1) In the event of multiple situations that overlap in which there are overlaps, the most favorable increase to the victim is to be used.
(2) Dependency that has been clinically demonstrated prior to the incident, as in the event that it is a result of PPI >=60%
Right to Life (c)
| VICTIM’S AGES | ||||
| up to 25 years old | Between 25-40 years old | Between 50 to 75 years old | Over 75 years | |
| To the heirs, I will divide them equally | Up to EUR 61,560 | up to EUR51,300 | Up to EUR41,040 | Up to EUR30,780 |
Moral damages for the loss of the fetus (b)
| Time of pregnancy | NO. OF Children 1st and 2nd Children | |
| From 10 to 10 weeks of pregnancy, for both parents. into equal parts | Up up to EUR7,695.00 | All the way to EUR2,565.00 |
| Beginning at the 10th week of the pregnancy both parents split into equal parts | up to EUR12,825.00 | All the way up to EUR7,695.00 |
INCREASES (B) | Until | |
| Fetus loss (1st child) at mother’s age greater than 40 years old Only for the mother who survived. | 50% |
Moral damage to the person who is being targeted (d)
| SURVIVAL TIME | |||
| all the way to All hours of the day | up to 72 hours | Over 72 hours | |
| To the heirs, I will divide them equally | up to EUR 2,062 | Up to EUR 4,104 | Up to 718 euros |
| Increases (B) Any of the amounts can have an opportunity to increase based on the degree of suffering and expectation of death | up To 50 percent |
It is important to note the fact that these rules can be coercive for insurance firms (they must present their Reasonable Proposal) but not for judges. This means that the judge is not required to adhere to them or limit himself to these guidelines However should he believe that the victims’ beneficiaries need to be compensated in different proportions, or by referring to other aspects and other factors, he is entitled to the freedom and discretion to decide.
Another concern is who is entitled to an indemnity in the event of the death of a loved one.
“two. If the victim dies the right to compensation for damages that are not pecuniary in nature belongs in a joint and equal share to spouse that is not separated from property or persons and to the children or other descendents and, in the absence of them, to parents or other ascendants; and lastly to the nephews or brothers who are representing them.”Art. 496, of the Civil Code
When there’s death in the event of death, the following relatives and their equivalents are considered to be entitled to receive the pension:
- A person living with him in a de facto union
- The spouse who is legally separated or ex-spouse at the time of the demise of the deceased, and entitled to Alimony
- Children, even if they are not born or adopted, at the date of death
Kids who satisfy the following criteria have the right to the following pensions :
- Ages less than 18 years old
- The between the ages of 18-22 in secondary school or a similar course;
- Between the ages of 18 and 25 old, and enrolled in higher education or equivalent course;
- There is no age limit when disabled or suffering from a chronic illness that significantly impacts their earnings capacity (assessed at greater than 75 percent).
The victim’s stepson is considered an adult son if the victim is required to pay the maintenance.
- Ascendants and other relatives,
- Siblings and/or nephews that are their representatives
Work and road accidents
” When the accident is both a road-related and an accident at work the regulations of this decree-law will be applicable and take into consideration the provisions of the particular law on accidents at work .” Article 26, no. 1 of DL 291/2007 of 21 August.
A car accident that occurs in the course of professional work or while traveling to or from work is regarded as
A work and road accident simultaneously.
In accordance with the article as mentioned above, the law on road accidents, as well as the laws of Law 98/2009, of September 4, 2009 ( Regime for Reparation of Work Accidents and Occupational Diseases ), are in force.
From a legal perspective, this means that the two insurers (the insurer of the vehicle in opposition and the insurer of the company) are jointly responsible for compensation.
Practically speaking, people who have been injured have the right to two additional damages. Access to medical care is much easier as the employer’s insurance company must offer such health care.
In terms of indemnity, the employer’s insurer will pay for both permanent and temporary disabilities as per the amounts stipulated in Law 98/2009, which was passed on 4 September. The insurance company that caused the accident has to take the remainder.
Please be reminded that the amount of compensation varies based on why the person responsible for the wrongdoing is required to pay compensation.
We must remember that the employer is not to blame if an employee is injured in a car crash on the way home. It is not the case of the person who caused the collision. This is why the employer responsible for the accident has been given to an insurance company and is only liable for compensation according to the rules of the Workers Compensation Law (70 percent of permanent and temporary impairments to work).
If, however, anyone outside of the person who was at fault is the primary source of being blamed for the incident, he or they are legally entitled to the remaining thirty percent disability as well as moral damages, lost profits, and any other damages not covered by Law 98/2009. The liability is, in general, the vehicle’s insurance company that caused the accident.
RUN over
“Even in the event that the existence of damage is not proved, the obligation to compensate is not waived, because the mere act of accident is, in itself, the reason for moral damages which because of their severity require the protection of laws.”* Judgment of the Court of Appeal of Porto
Car accidents are commonplace and impact more than 5,000 people across our country each year.
The most affected by this kind of accident are seniors and children.
Accidents that result from running over are distinguished by the degree that their victims suffer (the risk of injury of being seriously injured by a run-over is higher than that for crashes).
In an accident like this, it is crucial to determine the responsibilities of both parties since pedestrians must also adhere to and there could be a shared responsibility.
If you are involved in an accident that results from being hit by a vehicle, it is recommended to contact authorities on the scene of the accident. They will then collect information from the witnesses (especially if the motorist has fled).
It is equally important not to fail to notify the insurance company that owns the vehicle involved to claim any new costs (medical and medication costs and material damages, third-party assistance, and more. ).
The amount of compensation will be based on the same factors used for other kinds of injuries: age of the victim, severity of injuries and recovery times and economic loss, moral damages, potential incapacity to work, and various other aspects that could be addressed.
Rights of the Passenger
A road accident doesn’t just affect drivers of vehicles. In many instances, pedestrians get injured from more collisions than drivers.
If a person is injured in any way due to a road crash, the person is entitled to compensation as he cannot be held responsible for the accident. However, you can be denied compensation if you did not wear the seat belt or you were not wearing a seat belt and suffered injuries that could have been avoided.
It is a fact that due to a lack of knowledge, a lot of people are unable to claim compensation even if they discover that the person driving the car the vehicle they were in is the one who is at fault (usually an acquaintance or a relative) in fear of legal consequences that could be imposed on the driver.
But, the concern can be excessive because the car is insured with Compulsory motor vehicle liability insurance. It is an insurance provider that takes responsibility for damages caused.
Legal Deadlines
Deadlines to be observed by the victim
- Informing the insurance company for up to 8 days at the risk of being liable for any damages
- Making a criminal complaint through the courts within six months of when the incident occurred
- Claim through civil procedure Three years from the date of the accident.
The insurance company must meet the deadlines to meet:
- The diligence and the readiness by the insurer contact with the victim: two working days
When the possibility of a road accident has been disclosed, the insurer has to ” proceed to the initial communication with the insurance company the insured or the third party who was injured, within two working days of the incident and schedule the inspections to be conducted “;
- The diligence and readiness of the company conducting their expert report: from 10 to 22, based on beginning from the time of the accident
- Responsibility for damage to property: 30 working days;
- Liability assumption for bodily injury claims: 45 days from the date that a claim to be compensated was submitted and if a Medical discharge certificate has been approved and the injury is quantifiable.
- Proposal for Provisional, The deadline for submission of the Provisional Proposal is 45 days after the submission date of the compensation claim. If, at the end of this period which is 45 days long, the plaintiff remains on sick leave and the injury is not quantifiable.
The assumption of liability from the insurer ” takes the form of a Provisional Proposal where it specifically mentions the sums relating to expenses that have already been incurred and also the losses that result from incapacity periods which have already expired “. ( item A in no. 2, art. 37 of the DL 291/2007 (dated the 21st of August );
- Assessment of bodily injury The insurance company is given an obligation in 20 days following the submission of the claim by the plaintiff to notify you that it is planning to conduct a body injury assessment test in the next 60 days from when the shares were made when the party who has been injured has not filed a claim for compensation.
- The injured party should be provided with the exam to assess physical damage and all the necessary reports for understanding: 10 days from the day the insurer has the test in its possession.
- In the event of compensation being paid, Unless otherwise agreed, the insurer must be able to pay compensation in eight working days following the date of taking over responsibility. Suppose the insurance company fails to make the payment within the stipulated time. In that case, the company must pay the default interest to the injured party at double the legal rate on the amount due but unpaid until the payment is made. (Article 43, Decree Law 291/2007 dated 21st August).
UNDERGO
AUTHENTIC ACCIDENTS OF OTHER TYPES
Accidents on the Road
It is considered an incident when itinere is used to describe any of them that occur along the route employed by the worker between his home, whether a regular or irregular one and the workplace and vice versa during the time generally used on this path.
According to the current legislation the law, an accident that occurs during work in an itinerary includes:
- The route that is taken between the home to the place where the worker is undergoing an educational program of some kind that the firm provides;
- On the route between the workplace and the eatery;
- In the course of travel between the workplace or residence and the place for the payment of the salary;
- When you travel to seek medical or hospital treatment in the event of a workplace accident;
- The accident happened when they returned to their residence, beginning at the entrance into the communal areas within the structure (the reverse is only applicable from the road that is used to work since the worker is believed to be inside a space that is which is controlled by the owner of the area).
The law further states the following ” it is still considered to be an accident at work, one that is caused by the normal route is interrupted or diverted due to satisfying the employee’s requirements or because of force majeure, or unforeseeable circumstances,” which is according to Article 9 paragraph 3 in Law No. 98/2009 of 4 September.
Common ASKING
What should you do in the event of a road crash?
The first point we provide, along with the obvious precautions for the well-being of the victims, is to not immediately acknowledge that you are at fault for the incident or charge the driver who caused the accident. The stress and nerves created by accident could lead to quick conclusions that do not assist you in any way.
First, ensure that you have complete details on the vehicles and drivers involved in the accident, as well as people who were witnesses to the accident. If there’s a consensus on who is at fault for the accident, You can make an amicable declaration without needing to contact the police. If there is doubt, you should contact the appropriate authorities to ensure that a note of the incident is recorded.
Be aware that just because the driver in the other vehicle acknowledges blame does not mean your insurance company will do this, and you should be able to provide all the evidence to show that it wasn’t your fault. Take photos of the area and the vehicles involved as well, should there be witnesses, ask them for their contact numbers. These pieces of evidence are crucial when you disagree with the information provided by authorities.
It is also essential to inform your insurance company about the claim. You have up to 8 days to notify your insurance company.
How can I seek compensation for injuries that cause bodily harm?
In the event of road accidents that result in injuries to individuals, medical documentation is vital to the process of claiming compensation.
Victims often opt to get medical treatment at hospitals that work with insurance companies because it’s faster, and the insurance company pays for the cost. However, in this scenario, the patient is restricted in the selection of the doctor and the treatment. This is why it’s not always the best choice.
On the other hand, certain insurance companies may be able to erect some barriers or even refuse to supply all medical documentation to the person who is suffering, which is completely unlawful and exposes bad practices by the insurance company. (See What to do If the insurance company refuses to provide me with medical documents ). Without medical documentation, it is impossible to know what amount you’re entitled to and what amount the insurance company suggests is fair.
It is essential to know that the person who has been injured can choose the location to receive medical care via the National Health System or in private clinics. And the resulting costs are to be refunded by the insurance company urgently.
In closing, we want to remind you that you could have sustained an injury in the collision; however, you only begin to experience symptoms after a few days. If that is the case, see your doctor immediately and tell them that you were involved and injured in a traffic accident couple of days prior. This way, it will be possible to determine if there is a connection between the incident and the injuries. If there is, you can submit the entire cost of medical treatment, lost wages, etc.,, with the company that insures you.
What is the difference between General Temporary Disability and professional Temporary Disability?
General temporary incapacity or general as well as functional is the length of time the person is not able to complete the daily chores, for example, being able to manage your personal hygiene needs, food, or household chores. In the context of temporary professional incapacity, it relates to the period during which the person injured could not carry out the duties of their profession.
These impairments may or may not occur at the same time, which means that the person who suffers from it could be disabled in both cases at the same time, or it could be impossible for him to perform his professional duties but capable of carrying out his everyday tasks, and reverse.