Traffic accident

The Supreme Court (TS) has resolved a complicated case arising from a traffic accident that occurred in 2014 on the A-7 highway (Altea, Alicante). The accident was caused by a trailer with a license plate from Morocco being towed by a bus , also Moroccan. Following the accident, the victims (driver, passenger, and their insurance company) tried to claim damages , both personal and material injuries.

The main issue was to determine the deadline for claiming these damages when the causing vehicle is foreign, and above all, when that deadline begins to run. The complexity here was that the victims did not know from the beginning whether the causing vehicle had valid insurance (the so-called "green card"). After several months of dealings with OFESAUTO (the Spanish organization that handles these cases with foreign vehicles) and Moroccan authorities, it was finally confirmed in March 2016 that the vehicle green card ”). After several months of procedures with OFESAUTO (Spanish organization that handles these cases with foreign vehicles) and Moroccan authorities, it was finally confirmed in March 2016 that the vehicle was not insured .

Both the court and the Provincial Court had understood that the deadline for claiming was one year from when the injuries stabilized , so the action would be prescribed and the plaintiffs could no longer claim. However, the Supreme Court corrects this criterion and considers that the deadline to claim does not start until the affected parties have effective knowledge that there is no insurance , something they only found out in March 2016. Thus, in this case, the claim was indeed filed on time.

The Supreme Court clarifies that it cannot be demanded from the affected parties an investigation beyond what is reasonable and that until the non-existence of insurance is known (essential element to know who to claim to), the deadline does not start to run. Therefore, it refers the matter back to the Provincial Court so that it can delve into the matter and decide on liability and compensation , since until now only the prescription had been discussed.

If you feel harmed and in a position to demand accountability for any damage suffered as a result of a traffic accident, our professionals can assist you in the exercise of your claims