Key Benefits:
This royal legislative decree is intended to approve a recast text of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, which complies with the mandate given to the Government by the the final provision of Law 34/2003 of 4 November, amending and adapting to Community legislation on private insurance legislation. This final provision authorizes the Government to draw up and approve a recast text of the Law on Civil and Safe Liability in the Movement of Civil and Security within one year from the entry into force of Law 34/2003 of 4 November. motor vehicles, replacing the one approved by Decree 632/1968 of 21 March, which includes the amendments introduced by subsequent laws. The delegation includes the power to regularise, clarify and harmonise the legal texts to be recast.
Decree 632/1968, of 21 March, approved the recast of Law 122/1962 of 24 December on the use and movement of motor vehicles. This recast text has been the subject of a wide range of changes and profound changes.
Royal Legislative Decree 1301/1986 of 28 June, adapting the recast of the Law on the use and movement of motor vehicles to the Community legal order, which was subsequently repealed by the Law 30/1995, of 8 November 1995, for the management and supervision of private insurance, it redrafted Title I of the recast of the Law on the use and movement of motor vehicles, adopted by Decree 632/1968 of 21 March 1968, with the aim of adapting its content to Council Directive 72/166/EEC of 24 April 1972 as amended by the Directive Commission Regulation (EEC) No 750/82 of 19 December 1972 on the approximation of the laws of the Member States relating to the use of motor vehicles and their trailers and their trailers and their trailers the obligation to ensure this responsibility (First and Second Motor Insurance Directives).
The incorporation of these Community rules required, on the one hand, the adaptation of the coverage of compulsory motor insurance to the territorial scope of the Member States, a requirement which had, in part, taken place from the accession of Spain to the European Communities, and, on the other hand, the compulsory subscription of a liability insurance covering, in the terms and with the extension provided for in Community legislation, both the damage to the body and the materials. The Member States should also set up or recognise a body which has the task of repairing, at least within the limits of compulsory insurance, such bodily or material damage in the cases provided for in Community legislation, which forced the review and extension of the functions of the Insurance Compensation Consortium, an entity that had been carrying out the mission of the aforementioned body in our country.
Law 21/1990, of 19 December, to adapt Spanish law to Directive 88 /357/EEC on the freedom of services in insurance other than life, and to update private insurance legislation, introduced small amendments to Title II of the Law on the use and movement of motor vehicles, which affected Articles 6, 12, 14, 16 and 17, and repealed Article 13 thereof.
Law 30/1995 of 8 November 1995 on the management and supervision of private insurance incorporated into Spanish law the rules contained in a series of Community directives, including Council Directive 90 /232/EEC of 14 December 1992 on the May 1990, on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the movement of motor vehicles (Third Motor Insurance Directive). This Third Directive extended the compulsory system of insurance cover in a very socially sensitive insurance, given the increasing importance of motor vehicle traffic and the responsibilities arising from accidents caused by the use of motor vehicles. their use. The guarantee scheme contained in the Community standard assumed that, in the field of damage to persons, only those suffered by the driver were excluded from the insurance cover; whereas the single premium which is satisfied in the all compulsory insurance policies cover, throughout the territory of the European Economic Area, the legal limits of that insurance under the law of the Member State in which the claim is caused or, even, that of the parking lot of the vehicle, when these limits are higher; that in no case can the payment of the compensation for compulsory insurance to show that the person responsible cannot satisfy it; and finally, that the persons involved in the accident may be aware as soon as possible of the insurance undertaking covering the accident. civil liability of the causative.
All these aspects were incorporated through the profound modification that the eighth additional provision of Law 30/1995, of 8 November, carried out in Title I of the Law on the use and circulation of motor vehicles, reorganising it in full, so as to respond to all the three directives which have been adopted in this insurance. In addition, in order to clarify its scope and highlight the importance of the changes introduced, it amended its name, which became the law on civil liability and insurance in the movement of motor vehicles.
Outside the framework of adaptation to the Community legislation, the additional provision of Law 30/1995, of 8 November, incorporated into the already Law on civil liability and insurance in the movement of motor vehicles a Annex to the title "System for the assessment of damage caused to persons in road accidents", which includes a legal system for the quantitative delimitation of the amount of compensation payable as such the civil liability for the movement of motor vehicles to be incurred as a result of the civil liability. This compensation system is imposed in any event, irrespective of the existence or non-existence of insurance and the quantitative limits of compulsory insurance, and is articulated through a table of amounts fixed on the basis of the (i) various types of compensation which enable, under the circumstances of each individual case and within maximum and minimum margins, to individualise compensation for damage suffered by persons in a road accident. It is therefore a legal quantification of the "damage caused" referred to in Article 1.902 of the Civil Code, and of the civil liability referred to in Article 116 of the Criminal Code.
Finally, the additional eighth provision of Law 30/1995, of 8 November, added to the Act on Civil and Safe Liability in the Movement of Motor Vehicles an additional provision relating to the insurer.
The adoption of Directive 2000 /26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to civil liability insurance In the case of motor vehicles and amending Council Directives 73 /239/EEC and 88 /357/EEC (Fourth Directive on motor insurance), it called for the amendment of a number of legal provisions, including the new law, to be amended. on civil and insurance liability in the movement of motor vehicles.
The aim of the directive is to remove the existing loopholes in the case of accidents in traffic accidents occurring in a Member State other than that of the injured person's residence. three of the mechanisms which it provides for the purpose of the said purpose: the figure of the representative for the processing and settlement of claims in the country of residence of the injured party, the figure of the information bodies and the figure of the compensation bodies.
Such an amendment was carried out by Article 33 of Law 44/2002 of 22 November 2002 on measures to reform the financial system. That provision amended Article 8 of the Act on Civil and Safe Liability in the Movement of Motor Vehicles and added a new Title to it, Title III, ' Of claims which have occurred in a State other than the State of residence of the injured party, in relation to the mandatory securement ".
In addition, Law 44/2002, of November 22, amended in its article 11 the Law on Civil and Safe Liability in the Movement of Motor Vehicles, to collect the new functions of the Insurance Compensation Consortium as liquidator of insurance entities, having been deleted by its article 10 the Liquidator Commission of the Insurance Entities and passing its functions, patrimony and personnel to be assumed by the Consortium since its entry into force.
More recently, Law 34/2003 of 4 November, amending and adapting to the Community legislation of private insurance legislation, has reformed the Law on Civil and Safe Liability in the Movement of motor vehicles. The amendments introduced affect Article 3, in order to speed up certain aspects of the procedure in order to penalise non-compliance with the obligation to ensure; to Article 8, to grant compensation to the injured resident. in Spain irrespective of the usual State of parking of the vehicle which, circulating without insurance, causes the accident; and the third and last modification is intended to modify the system table VI for the assessment of damage and damage caused to persons in road accidents which is listed as an annex to the the Law on civil liability and insurance in the movement of motor vehicles.
In addition to the aforementioned reforms, the existence of other rules, with effect on the content of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, has to be considered. Thus, Law 40/1998, of December 9, of the Income Tax of the Physical Persons and other tax rules, added a final provision, regarding the regulatory enablement.
Law 1/2000, of 7 January, of Civil Procedure, declared its Articles 17 and 18 repealed and amended its additional provision.
Law 14/2000 of 29 December, of fiscal, administrative and social order measures, amended Article 1.4, in order to specify that the derivatives of the use of the vehicle will not be considered to be made from the circulation motor as an instrument of the commission of intentional crimes against persons and property.
Law 62/2003, of December 30, of fiscal, administrative and social order measures, amended its article 3, concerning the consequences of non-compliance with the obligation to insure.
The recast text should also include the consequences which, on the application of the correction factors on the basic disability allowances collected in Table V of the system for the assessment of the damages caused to persons in road accidents, was the judgment of the Constitutional Court 181/2000, of June 29, which declared its unconstitutionality in the cases in which the determining cause of the damage to be to make good the relevant and, where appropriate, judicially declared fault, imputable to the causative agent of the decisive event.
On the other hand, given the time since the adoption of the recast text of 1968, it is necessary to adapt the references and content of the article to the current legal order. It is the case of references to the Penal Code adopted by the Organic Law 10/1995, of 23 November, to the amendments of the Law of Criminal Procedure, or to the Organic Law 6/1985, of July 1, of the Judicial Branch, among others, a task that performs in the recast text that is now approved.
In its virtue, on the proposal of the Minister of Economy and Finance and the Ministers of Justice and Home Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 29 October 2004,
D I S P O N G O:
Single item. Approval of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles.
The recast text of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, which is inserted below, is approved.
Single additional disposition. Regulatory referrals.
The regulatory references made in other provisions to the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, adopted by Decree 632/1968 of 21 March, shall be read as made to the corresponding precepts of the recast text that is approved.
Single repeal provision. Repealed rules.
All provisions of equal or lower rank shall be repealed as set out in the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles which is adopted and in particular, the following provisions:
(a) The recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by Decree 632/1968 of 21 March.
(b) The fifth additional provision of Law 21/1990 of 19 December 1990 to adapt Spanish law to Directive 88 /357/EEC on the freedom of services in insurance other than life and to update the legislation of private insurance.
(c) The additional eighth provision of Law 30/1995, of 8 November, for the management and supervision of private insurance.
d) The additional 15th of Law 50/1998, of December 30, of fiscal, administrative and social order measures.
e) The final provision of Law 1/2000, of January 7, of Civil Procedure.
(f) Article 71 of Law 14/2000, of 29 December, of fiscal, administrative and social order measures.
(g) The second paragraph of Article 11 and Article 33 of Law 44/2002, of 22 November, of measures to reform the financial system.
(h) The third article of Law 34/2003 of 4 November amending and adapting to the Community legislation of private insurance legislation.
i) Article 89 of Law 62/2003, of December 30, of fiscal, administrative and social order measures.
Single end disposition. Entry into force.
This royal legislative decree and the recast text it approves will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, 29 October 2004.
JOHN CARLOS R.
The First Vice President of the Government and Minister of the Presidency,
MARIA TERESA FERNANDEZ DE LA VEGA SANZ
RECAST TEXT OF THE LAW ON CIVIL AND INSURANCE LIABILITY IN THE MOVEMENT OF MOTOR VEHICLES
INDEX
Title I. Civil ordination.
Chapter I. General provisions.
Article 1. From civil liability.
Chapter II. Mandatory insurance.
Section 1. The Required Insurance Subscription Duty.
Article 2. Of the obligation to ensure.
Article 3. Failure to comply with the obligation to ensure.
Section 2. The mandatory securement scope.
Article 4. Territorial scope and quantitative limits.
Article 5. Material scope and exclusions.
Article 6. Inoponability by the insurer.
Chapter III. Satisfaction of the compensation in the area of compulsory insurance.
Article 7. Obligations of the insurer.
Article 8. Friendly declaration of accident.
Article 9. Insurer's arrears.
Article 10. Replay faculty.
Article 11. Functions of the Insurance Compensation Consortium.
Title II. Civil procedural order.
Single Chapter. Of the preparatory proceedings and the judicial exercise of the executive action.
Article 12. Procedure.
Article 13. Proceedings in the criminal proceedings preparatory to the execution.
Article 14. Preparatory proceedings in civil proceedings.
Article 15. Claim to the insurer.
Article 16. Obligation to pay.
Article 17. Executive titles.
Article 18. Quantitative limit.
Article 19. Expenses of the expert assessment.
Title III. Of claims which have occurred in a State other than the State of residence of the injured party, in relation to compulsory insurance.
Chapter I. Application scope.
Article 20. Scope of application.
Chapter II. Representative in charge of processing and settlement in the country of residence of the injured party in a State other than the State of residence of the latter.
Article 21. Election, powers and functions of the representative for the processing and settlement of claims designated by the insurance institutions authorised in Spain in each of the Member States of the European Economic Area.
Article 22. Procedure for the complaint of injured non-residents in Spain to the insurance companies authorised in Spain or the representatives for the processing and settlement of claims by those designated in the rest of the States of the Space European Economic.
Article 23. Procedure for the complaint of the injured person with residence in Spain to insurance companies authorised in another Member State of the European Economic Area or to the representatives for the processing and settlement of claims by them designated in Spain.
Chapter III. Body of information.
Article 24. Designation and functions of the information body.
Article 25. Obtaining information from the Insurance Compensation Consortium.
Chapter IV. Compensation body.
Article 26. Designation.
Article 27. Complaints to Ofesauto as a Spanish compensation body.
Article 28. Right of repetition between agencies for compensation, subrogation and reimbursement.
Article 29. Non-identification of the vehicle or the insurance undertaking.
Chapter V. Collaboration and agreements between agencies. Applicable law and competent jurisdiction.
Article 30. Collaboration and agreements between agencies.
Article 31. Applicable law and competent jurisdiction.
Single transient arrangement. Subsistence of the updated compensation amounts from Tables I to V of the Annex "System for the assessment of damages caused to persons in road accidents", of the Law on Civil and Safe Liability in the movement of motor vehicles, incorporated by Law No 30/1995 of 8 November.
Final disposition first. Competence title.
Final disposition second. Regulatory enablement.
Attachment. System for the assessment of damages caused to persons in road accidents.
TITLE I
Civil Sorting
CHAPTER I
General provisions
Article 1. From civil liability.
1. The driver of motor vehicles is responsible, by virtue of the risk created by the driving of such vehicles, of the damage caused to persons or property on the grounds of movement.
In the event of damages to individuals, this liability will only be exonerated when it proves that the damages were due solely to the conduct or negligence of the injured person or to the greater force strange to the driving or to the operation of the vehicle; no force majeure shall be considered for the defects of the vehicle or the failure or failure of any of its parts or mechanisms.
In the event of damage to property, the driver will respond to third parties when he is civilly liable as set out in Articles 1.902 and following of the Civil Code, Articles 109 and following of the Criminal Code, and as provided in this law.
If the negligence of the driver and the injured party are present, the fair moderation of the responsibility and the distribution in the amount of the compensation will be carried out, attended by the respective entity of the blame concurrent.
The non-conductive owner shall be liable for damages to the persons and property caused by the driver when he is connected with the driver by any of the relations that govern Articles 1.903 of the Civil Code and 120.5 of the Criminal Code. This responsibility will cease when the aforementioned owner proves that he employed all the diligence of a good parent to prevent harm.
2. The damages caused to the persons, understanding of the value of the loss suffered and the gain that they have stopped obtaining, previewed, foreseeable or that they know are derived from the operative event, including the moral damages, quantify in any event according to the criteria and within the compensation limits set out in the Annex to this Act.
3. The compensation paid in accordance with paragraph 2 shall be regarded as compensation in the amount legally recognised, for the purposes of Article 7 (d) of the recast of the Income Tax Act. Natural Persons, approved by the Royal Legislative Decree of March 5, as long as they are paid by an insurance institution as a result of the civil liability of their insured.
4. Regulations will define the concepts of motor vehicles and the fact of circulation, for the purposes of this law. In any event, the use of the motor vehicle shall not be considered to have been made from the use of the vehicle as an instrument of the commission of criminal offences against persons and property.
CHAPTER II
From Required Assurance
Section 1. Of Required Insurance Subscription Duty
Article 2. Of the obligation to ensure.
1. Any motor vehicle owner who has his usual parking lot in Spain shall be obliged to take out an insurance contract for each vehicle in which he is a holder, covering, up to the limits of compulsory insurance, the civil liability referred to in Article 1. However, the owner shall be relieved of that obligation when the insurance is made by any person who has an interest in the insurance, who must express the concept in which he contracts.
It is understood that the vehicle has its usual parking in Spain:
a) When you have Spanish tuition.
(b) In the case of a type of vehicle for which there is no registration, but bear the insurance plate or distinguishing sign analogous to the registration plate and Spain is the State where the registration plate or sign has been issued.
(c) In the case of a vehicle type for which there is no registration plate, insurance plate or distinguishing sign and Spain is the State of the user's address.
2. For the purpose of controlling the effective fulfilment of the obligation referred to in paragraph 1, the insurance institutions shall send the Ministry of Economic and Finance, through the Insurance Compensation Consortium, the information on the insurance contracts which are necessary for the exercise of that control with the requirements, in the form and with the periodicity to be determined by regulation. The Ministry of Economy and Finance will work with the Ministry of the Interior for the proper exercise of their respective competences in this field.
Who, in accordance with paragraph 1, has subscribed to the insurance contract must prove its validity so that the persons involved in a road accident are able to ascertain as soon as possible the circumstances concerning the contract and the insurance undertaking, without prejudice to the administrative measures to be taken for the purpose. All in the form that is determined to be regulated.
The Spanish customs authorities shall be competent to verify the existence and, where appropriate, require foreign vehicles of non-member countries of the European Economic Area not to be attached to the Agreement between the national insurance offices of the Member States of the Economic Area and other associated States and which intend to grant access to the national territory for the subscription of compulsory insurance which meets at least the conditions and guarantees laid down in Spanish legislation. In default, they must be denied access to them.
3. In addition, the policy in which the compulsory subscription civil liability insurance contract is formalised may include, on a potestative basis, the hedges which are freely agreed between the taker and the insurance undertaking in accordance with the legislation in force.
4. In any case expressly not provided for in this law and in its regulatory development rules, the contract of civil liability insurance arising from the movement of motor vehicles shall be governed by Law 50/1980 of 8 October of the insurance.
Article 3. Failure to comply with the obligation to ensure.
1. Failure to comply with the obligation to ensure will determine:
(a) The prohibition of movement by national territory of uninsured vehicles.
(b) The vehicle is deposited with the owner of the vehicle until the insurance is concluded.
The vehicle tank shall be agreed for the time of one month, which in the event of a recidivism shall be three months and in the case of a deposit break shall be one year, and must be demonstrated at the end of the deposit, which is available of the corresponding insurance. The costs incurred as a result of the vehicle's deposit shall be on behalf of the owner, who shall pay them or guarantee their payment as a prerequisite for the return of the vehicle.
Any agent of the authority who in the performance of his/her duties requires the presentation of the document proving the existence of the insurance and is not exhibited shall make the corresponding complaint to the competent authority, which shall order the immediate seal and deposit of the vehicle if the existence of the insurance is not justified within five days.
In any case, the non-filing, at the request of the agents, of the insurance documentation of the insurance will be sanctioned with 60 euros of fine.
(c) A financial penalty of EUR 601 to EUR 3,005 of fine, graduated according to which the vehicle is to be circulated or not, its category, the service it provides, the seriousness of the damage caused, where appropriate, the duration of the lack of insurance and the reiteration of the same violation.
2. In order to sanction the offence, the Government or the competent authorities of the autonomous communities to whom the duties have been transferred shall be responsible, competent for the place where the offence is reported. infringement. For these purposes, the powers of exercise of the power of sanction conferred on the Government's Delegates may be disconcentrated by means of a provision issued by the Minister of the Interior.
3. The sanctioning procedure will be provided for in the text of the Law on Traffic, Motor Vehicles and Road Safety, approved by Royal Legislative Decree 339/1990 of 2 March, in the form that it regulates determine, and shall be instructed by the Traffic Headquarters or by the authorities of the Autonomous Communities to which the execution of functions in this field has been transferred, competent by reason of the place in which the event was committed. In any event, the penalties for fines provided for may be made effective before the decision of the sanctioning file is issued with a reduction of 30% on the corresponding amount entered in the complaint by the Commission. the agent or, failing that, in the subsequent notification of that complaint by the instructor of the file, and this provided that the subscription of the civil liability insurance of the car prior to the receipt is credited by the receipt of the premium date of the complaint.
4. The Ministry of the Interior and the competent authorities of the autonomous communities to which powers have been transferred in sanctioning matters shall give the Insurance Compensation Consortium 50% of the amount of the penalties. raised to the effect, to compensate for part of the compensation paid by the latter to the victims of the circulation in the performance of the functions that legally has attributed.
Section 2. The Required Securement Scope
Article 4. Territorial scope and quantitative limits.
1. The compulsory subscription insurance provided for in this law will guarantee the coverage of civil liability in motor vehicles with regular parking in Spain, by means of the payment of a single premium, throughout the territory of the The European Economic Area and the States attached to the Agreement between the national insurance offices of the Member States of the Economic Area and other associated States.
2. The maximum amount of the coverage of compulsory insurance shall be in the damage to persons and property of the limits which are determined by regulation. In damages to persons, the amount shall be fixed per victim, and damage to property shall be fixed by claim.
In order to fix the amount of the compensation charged to the compulsory subscription insurance in the damage caused to the persons, the amount shall be determined in accordance with the provisions of Article 1 (2).
If the amount thus fixed is higher than the maximum amount of the compulsory insurance cover, the maximum amount shall be met, with the maximum amount, and the remainder up to the total amount of the insurance compensation shall be borne by the voluntary insurance or the disaster manager, as appropriate.
3. Where the claim is caused in a Member State to the Agreement between the national insurance offices of the Member States of the Economic Area and other associated States, other than Spain, by a vehicle having its parking lot in Spain, the coverage limits set by the Member State in which the claim takes place shall apply. However, if the claim occurs in a Member State of the European Economic Area, the coverage limits provided for in paragraph 2 shall apply, provided that they are higher than those laid down in the State in which the accident occurred. disaster.
Article 5. Material scope and exclusions.
1. The coverage of the compulsory subscription insurance will not reach the damages caused to the person of the driver of the insured vehicle.
2. The coverage of the compulsory subscription insurance shall also not cover damage to the property suffered by the insured vehicle, the goods in the transport or the goods from which the holder, the insured person, the owner or the owner of the goods are made. or the driver, as well as those of the spouse or relatives up to the third degree of consanguinity or affinity of the former.
3. Also excluded from the coverage of the personal and material damages by the compulsory subscription insurance who suffered damages due to the circulation of the causative vehicle, if it had been stolen. For the purposes of this law, theft is understood to be the conduct of the criminal code as such. In the case of theft, the provisions of Article 11 (1) (c) shall apply.
Article 6. Inoponability by the insurer.
The insurer may not oppose any other exclusion, agreed or not, from the coverage other than those listed in the previous article.
In particular, you will not be able to do so in respect of those contractual clauses that exclude from the coverage the use or driving of the vehicle designated in the policy by those who do not have a driving licence, do not comply with the legal obligations of a technical nature relating to the state of safety of the vehicle or, outside the case of theft, unlawful use of non-motor vehicles or are not expressly or tacitly authorised by its owner.
CHAPTER III
Satisfaction of compensation in the area of compulsory insurance
Article 7. Obligations of the insurer.
The insurer, within the scope of compulsory insurance and under the obligation of compulsory subscription insurance, will have to satisfy the injured person the amount of the damages suffered in his person and in his property. The injured party, or his heirs, shall have direct action to require him. It shall be exempt from this obligation only if it proves that the fact does not give rise to the requirement for civil liability under Article 1.
Prescribes for the course of a year the direct action to require the insurer to satisfy the injured party of the damages suffered by the injured person in his or her property.
In any case, the insurer must, up to the quantitative limit of compulsory insurance, strengthen the civil liability and pay the pensions required by the judicial authority to the alleged insured persons, in accordance with Articles 764 and 765 of the Criminal Procedure Act.
Article 8. Friendly declaration of accident.
In order to speed up compensation in the field of material damage arising from the use and circulation of motor vehicles, the insurer shall provide copies of the so-called "friendly declaration of accident" which the driver must be used for the declaration of claims to his insurer.
Article 9. Insurer's arrears.
If the insurer is in arrears in the performance of the provision in the liability insurance for the coverage of the damages caused to the persons or property on the occasion of the circulation, the compensation for damages due to the insurer shall be governed by the provisions of Article 20 of Law 50/1980 of 8 October of the Insurance Contract, with the following peculiarities:
(a) No interest shall be imposed for arrears where the compensation is satisfied or entered before the competent court in the first instance to hear the proceedings arising from the claim, within three months next to your production. The entry may be made in cash, by means of a solidarity guarantee of indefinite duration and payable at the first request issued by a credit institution or a mutual guarantee company or by any other means which, in the judgment of the court, ensure the immediate availability, where appropriate, of the quantity entered.
(b) Where the damage caused to persons would have suffered for more than three months or their exact valuation could not be determined for the purpose of the consignment, the court, in the light of the circumstances of the case and of the opinions and reports which it requires, it shall decide on the adequacy or extension of the amount entered by the insurer, taking into account the criteria and within the compensation limits set out in the Annex to this Act. No recourse shall be made against the judicial decision to be taken.
(c) Where, after an absolute judgment or other court decision, that it terminates, provisionally or definitively, a criminal proceedings and where it has been agreed that the sum entered is returned to the insurer or the entered into any other form is void, civil proceedings shall be initiated as a result of the indemnity due to the insurance, the provisions of Article 20.4 of Law 50/1980 of 8 October of the insurance contract shall apply, except that the compensation is entered again within 10 days of the notification to the insured person of the start of the process.
Article 10. Replay faculty.
The insurer, after payment of the compensation, may repeat:
(a) Against the driver, the owner of the causative vehicle and the insured person, if the damage caused is due to the intentional conduct of any of them or the driving under the influence of alcoholic beverages or toxic drugs, narcotic drugs or psychotropic substances.
b) Against the third party responsible for the damages.
c) Against the policyholder or insured for causes provided for in Law 50/1980, of October 8, of insurance contract, and in the insurance contract itself.
d) In any other assumption that such repetition may also proceed in accordance with the laws.
The insurer's repeat action prescribes for the course of the one-year period, counted from the date on which it made the payment to the injured party.
Article 11. Functions of the Insurance Compensation Consortium.
1. It corresponds to the Insurance Compensation Consortium, within the territorial scope and up to the quantitative limit of compulsory insurance:
(a) Indemnify those who have suffered damage to their persons, for claims that have occurred in Spain, in those cases where the causative vehicle is unknown.
b) Compensation for damages to persons and property, caused by a vehicle that has its usual parking in Spain, as well as those caused within the Spanish territory to persons with habitual residence in Spain or property of his property situated in Spain with a vehicle with a standard parking lot in a third country which is not a signatory to the Agreement between the national insurance offices of the Member States of the Economic Area and other associated States, both cases where the vehicle is not insured.
c) Indemnify damages to persons and property produced by a vehicle with regular parking in Spain that is insured and has been stolen.
d) Indemnify damages to persons and property when, in cases included within the scope of the compulsory underwriting insurance or in the preceding paragraphs of this article, controversy arises between the Insurance Compensation Consortium and the insurance institution about who should indemnify the injured party. Notwithstanding the foregoing, if it is subsequently resolved or agreed that it is appropriate to indemnify the insurance institution, the insurer will reimburse the Insurance Compensation Consortium for the amount of compensation plus the legal interest, increased by 25 percent. (a) from the date on which the compensation was paid.
e) Compensation for damages to persons and property when the Spanish insurer of the vehicle with usual parking in Spain has been declared judicially in contest or, having been dissolved and being in a situation of insolvency, it would be subject to an interim settlement procedure or it would have been taken over by the Insurance Compensation Consortium itself.
(f) Reimbursement of compensation paid to injured persons resident in other States of the European Economic Area by the compensation bodies, in the following cases:
1. º When the vehicle causing the accident has its usual parking in Spain, in the event that the insurer cannot be identified.
2. º When the accident occurred in Spain, in the event that the causative vehicle cannot be identified.
3. When the accident occurred in Spain, in the case of vehicles with regular parking in third countries attached to the system of International Certificate of Motor Insurance, issued by a national office in accordance with Recommendation No 5, adopted on 25 January 1949 by the Subcommittee on Road Transport of the Internal Transport Committee of the Economic Commission for Europe of the United Nations (hereinafter referred to as 'the Charter'). green).
In the cases provided for in paragraphs (b) and (c), damages to persons and property suffered by those who voluntarily occupy the vehicle causing the accident shall be excluded from the compensation by the Consortium. knowing that the latter was not insured or had been stolen, provided that the Consortium proved that they knew such circumstances. In addition, in the cases referred to in paragraphs (b) and (c), the Consortium shall apply to the injured party, in the event of damage to property, the franchise to be determined.
2. The Insurance Compensation Consortium will assume the functions that are attributed to it by articles 24 and 25 of this law as a body of information.
3. The injured party will have direct action against the Insurance Compensation Consortium in the cases mentioned in this article, and the latter may repeat in the cases defined in Article 10, as well as the owner and the person responsible for the accident. in the case of a non-insured vehicle, or against the perpetrators, accomplices or concealers of the theft of the vehicle causing the accident, as well as the person responsible for the accident which he knew of the subtraction of the vehicle.
4. The Consortium may not condition the payment of the compensation to the test by the injured party that the person responsible cannot pay or refuses to pay.
TITLE II
Civil procedural order
ONLY CHAPTER
Of the preparatory proceedings and the judicial exercise of the executive action
Article 12. Procedure.
The action in Articles 7 and 11.3 to the victim or his heirs against the insurer shall be exercised in the manner set forth in this Title.
Article 13. Proceedings in the criminal proceedings preparatory to the execution.
When in criminal proceedings, initiated in fact covered by the compulsory liability insurance for compulsory subscription in the movement of motor vehicles, the rebellion of the defendant is declared, or the judgment of absolute judgment or another resolution which ends, provisionally or definitively, without a statement of responsibility, if the injured party had not renounced the civil action or reserved it to exercise it separately, before agreeing on the file of the cause, the judge or tribunal which he would have known of the order, in which the the maximum liquid quantity which can be claimed as compensation for the damages suffered by each injured party, covered by the compulsory subscription insurance. The order referred to shall contain the description of the fact and the indication of the persons and vehicles involved and the insurers of each of them.
If the amount of the compensation could not be indicated for lack of evidence or because the existing ones would have been issued without the possibility of intervention by the interested parties, the order mentioned in the previous paragraph only delay for the time required for the hearing and intervention of the injured parties and the insurers to carry out the checks deemed necessary, either on their own initiative or at the request of the party.
The order referred to in the preceding paragraphs shall not be used.
Article 14 Preparatory Diligences in Civil Path.
Occurred a fact of those that give rise to civil liability covered by the compulsory insurance, when that has not been the subject of criminal proceedings, or has been reserved in it the civil action, the injured, to claim to the Compensation for damages and damages in civil proceedings must be made before the judge of first instance or instruction, before the judge of peace or before a notary of the place of the fact or of his domicile, residence or whereabouts a declaration on the circumstances of that, identifying injured persons, damaged objects, vehicle and the driver who have intervened in the production of the fact and the specification of the insurer.
Article 15. Claim to the insurer.
A certification of the declaration or an authorized copy thereof, accompanied by the assessment of the damages, issued by an insurance expert, shall be submitted to the insurer, who, within eight days, with the right to An insurance expert appointed by that expert shall pay the amount which the two experts agree on by common agreement.
If no agreement is reached, the sixth paragraph of Article 38 of Law 50/1980, of October 8, of insurance contract shall proceed.
Article 16. Obligation to pay.
The insurer, or the Insurance Compensation Consortium where appropriate, shall be obliged to satisfy the compensation fixed by the expert opinion up to the limit of the compulsory insurance within 10 days of its fixing.
Article 17. Executive titles.
A testimony to the order of proceedings referred to in Article 13 shall constitute an enforceable title sufficient to establish the procedure laid down in this Chapter. The injured person who has obtained such a degree shall not be able to do so without him and shall take place in place of the preparatory proceedings referred to in Articles 14 and following, except in the cases expressly referred to in that Article 14.
The expert opinion, obtained in the preparatory proceedings referred to in Articles 14 and following, shall also be enforceable, after ratification before the judge to which the execution is due.
Article 18. Quantitative limit.
In order for the claim to the insurer to be made in the executive judgment, the requirements of title and amount laid down in Article 520 of Law 1/2000 of 7 January of Civil Procedure shall be fulfilled.
If the liquid quantity indicated in the title is less than that required by Article 520 of Law 1/2000, of January 7, the claim shall be made in a verbal judgment before the competent court.
Article 19. Expenses of the expert assessment.
Costs arising from the formation of the title by preparatory proceedings in the criminal proceedings shall be included in the costs assessment.
The expenses incurred by the expert assessment obtained in civil proceedings shall be included in the valuation of the costs, unless there is an excessive estimate of the damages by the injured party; in this case, they shall be of his own account. Such excess shall be deemed to exist where the amount to be fixed by the expert opinion exceeds 25%.
TITLE III
Of claims occurring in a State other than the State of residence of the injured party, in relation to compulsory insurance
CHAPTER I
Scope
Article 20. Scope of application.
1. The provisions of this Title shall apply to claims caused by vehicles which have their usual parking and are insured in a Member State of the European Economic Area, provided that:
(a) The place where the claim occurs is Spain and the injured person has his residence in another Member State of the European Economic Area.
(b) The place where the claim occurs is a Member State of the European Economic Area other than Spain and the injured person has his residence in Spain.
c) Claims occur in third countries attached to the green card system where the injured person has his habitual residence in Spain, or where the vehicle causing his or her habitual parking and is insured in Spain.
2. The provisions of Articles 21, 22, 26 and 27 shall not apply where the claim has been caused by a vehicle which has its usual parking lot and is insured in the State of residence of the injured party.
3. The provisions of Article 29 shall also apply to accidents caused by third-country vehicles attached to the Agreement between the national insurance offices of the Member States of the Economic Area and other States associates.
CHAPTER II
Representative in charge of processing and settlement in the country of residence of the injured party in a State other than the State of residence of the latter
Article 21. Election, powers and functions of the representative for the processing and settlement of claims designated by the insurance institutions authorised in Spain in each of the Member States of the European Economic Area.
1. Insurance companies domiciled in Spain and branches of third countries established on Spanish territory must designate, in the other Member States of the European Economic Area, a representative for the processing and settlement, in the State of residence of the injured party, of the claims referred to in Article 20.1.
2. The representative must reside or be established in the Member State in which he is to perform his duties and have sufficient powers to represent the insurance undertaking and to satisfy, in his entirety, the injured. To this end, it shall collect all necessary information and take appropriate measures for the negotiation of settlement in the official language (s) of the State of residence of the injured party.
3. Insurance institutions shall have full freedom to designate such representatives, who may act on behalf of one or more entities. They shall also communicate their designation, name and address to the information bodies of the different Member States of the European Economic Area.
4. The provisions of the foregoing paragraphs shall not apply where the injured person has his residence in Spain.
Article 22. Procedure for the complaint of injured non-residents in Spain to the insurance companies authorised in Spain or the representatives for the processing and settlement of claims by those designated in the rest of the States of the Space European Economic.
1. The injured party may lodge the complaint with the insurance institution established in Spain or the representative designated by it in his country of residence.
The insurer or its representative will answer the claim within three months of filing, and a reasoned offer must be submitted if the liability has been determined and the damage quantified. Otherwise, or if the complaint has been rejected, it will give a reasoned response to the complaint.
2. After the period referred to in the preceding paragraph without a reasoned offer, interest shall be payable for late payment in accordance with the provisions laid down in the legislation which, in each case, shall be applicable to the place of occurrence of the disaster.
3. Failure to comply with the provisions of paragraph 1 shall constitute administrative infringement in accordance with Articles 40.4.h and 40.5.b) of the recast of the Law on the Management and Supervision of Private Insurance, approved by the Real Legislative Decree 6/2004, of October 29.
4. The action of the representative for the processing and settlement of claims shall not be sufficient to amend the material right to be applied in the specific case, nor to confer jurisdiction on the courts of the State Member of the injured party, except as provided for in the rules of public and private international law on the law applicable to road accidents and on the attribution of jurisdiction.
Article 23. Procedure for the complaint of the injured person with residence in Spain to insurance companies authorised in another Member State of the European Economic Area or to the representatives for the processing and settlement of claims by them designated in Spain.
1. The injured person with residence in Spain, in the cases provided for in Article 20 (1), may apply directly to the insurance undertaking of the vehicle causing the accident or to the representative in Spain for the processing and liquidation of claims by this appointee.
2. The action of the representative for the processing and settlement of claims shall not be sufficient to confer jurisdiction on the courts of the Member State of residence of the injured party, except as provided for in the rules of law private international on the attribution of jurisdictional powers.
CHAPTER III
Information Body
Article 24. Designation and functions of the information body.
1. The Insurance Compensation Consortium shall act as a body of information, in the cases provided for in Article 20.1, to provide the injured party with the information necessary to enable it to claim the insurance undertaking or its representative. for the processing and settlement of claims. For these purposes, you will assume the following functions:
(a) Provide information regarding the registration number of vehicles with regular parking in Spain; number of the insurance policy for civil liability in the movement of motor vehicles mandatory to cover the vehicle, with regular parking in Spain, with an indication of the date of commencement and end of validity of the cover; insurance undertaking covering civil liability in the movement of motor vehicles compulsory subscription, as well as name and address of the representative for the processing and settlement of claims designated by the insurance institutions.
Such information shall be kept for seven years from the date of the expiration of the vehicle registration or the expiration of the insurance policy.
b) Coordinate the collection of information and its dissemination.
c) Provide assistance to people who have the right to know information.
2. For the purposes of the information referred to in paragraph 1 (a), the provisions of Article 2.2 and its regulatory requirements for development shall be as laid down.
Article 25. Obtaining information from the Insurance Compensation Consortium.
1. The Insurance Compensation Consortium shall provide assistance and provide the information referred to in Article 24 (1) (a) to the victims of road accidents occurring in a country other than that of its habitual residence, provided that it is comply with any of the following conditions:
(a) That the injured person has his residence in Spain.
b) That the vehicle causing the disaster has its usual parking in Spain.
c) That the disaster occurred in Spain.
2. The Insurance Compensation Consortium shall also provide the injured party with the name and address of the owner, the usual driver or the legal owner of the vehicle with regular parking in Spain, if the latter has a legitimate interest in to obtain such information. For this purpose, the Directorate-General for Traffic or the insurance undertaking shall provide this information to the Insurance Compensation Consortium and shall, in any event, establish the technical and organisational measures necessary to ensure the confidentiality, security and integrity of data and the guarantees, obligations and rights recognized in Organic Law 15/1999 of 13 December on the Protection of Personal Data.
The information available to the Insurance Compensation Consortium shall have access to, in addition to the injured, the insurers of these, the information bodies of other Member States of the European Economic Area, the Spanish Office of Automobile Insurers, in their capacity as the compensation body, and the compensation bodies of other Member States of the European Economic Area, as well as the guarantee funds of other Member States of the European Space European Economic.
CHAPTER IV
Compensation body
Article 26. Designation.
In the cases provided for in Article 20.1, the Spanish Office of Automobile Insurers (hereinafter, Ofesauto) will have the consideration of a compensation body to which the injured persons with residence in Spain may lodge a claim for compensation in the cases provided for in Article 27.
Article 27. Complaints to Ofesauto as a Spanish compensation body.
1. The injured parties with residence in Spain will be able to present to Ofesauto, in their capacity as a Spanish compensation body, claim in the following cases:
(a) If within three months, from the date on which the injured party has submitted its claim for compensation to the insurance undertaking of the vehicle causing the accident or to its representative for processing and the settlement of claims designated in Spain, neither of the two has formulated a reasoned response to the complaint; or
(b) If the insurer has not appointed a representative for the processing and settlement of claims in Spain, unless the injured party has filed a claim for compensation directly to the insurance undertaking of the vehicle causing the accident and has received a reasoned response within three months of the lodging of the complaint.
However, the injured party may not lodge a complaint with Ofesauto, as a compensation body, if it has exercised the right of direct action against the insurer.
2. Ofesauto, as a compensation body, will respond to the claim for compensation within two months, from the date on which it is presented by the injured resident in Spain, without being able to condition the payment of the compensation to the proof by the injured resident in Spain that the person responsible cannot pay or refuses to do so. However, it shall terminate its intervention if the insurance undertaking or its representative for the processing and settlement of claims designated in Spain subsequently gives a reasoned reply to the complaint, or if it has knowledge with after the injured party has exercised the right of direct action against the insurer of the responsible vehicle.
3. Ofesauto, as a Spanish indemnity agency, shall immediately inform the insurance undertaking of the vehicle causing the accident or its representative for the processing and settlement of claims designated in Spain of the accident the State in which the establishment of the insurance undertaking which issued the policy is located and, if its identity is known, the person causing the accident that he has received a complaint from the injured party and that he will reply to such a claim within two months from the date of its submission.
4. The intervention of Ofesauto, in its capacity as a Spanish compensation body, is limited to the cases in which the insurer does not fulfil its obligations, and will be a subsidiary of the insurer.
Article 28. Right of repetition between agencies for compensation, subrogation and reimbursement.
Ofesauto, in its capacity as a Spanish compensation body, once it has compensated the injured person resident in Spain, will be entitled to claim from the compensation body of the Member State in which the establishment of the insurance undertaking which issued the policy the reimbursement of the amount satisfied in compensation.
Ofesauto, as the compensation body of the Member State in which the insurance company issued the policy is located, once it has reimbursed the State of residence's compensation body the amount paid by the injured party to the injured party as compensation shall be subrogated to the rights of the injured party.
Article 29. Non-identification of the vehicle or the insurance undertaking.
If it was not possible to identify the vehicle or if, after two months since the accident, it was not possible to identify the insurer, the injured resident in Spain may apply for compensation to Ofesauto, in the quality of the compensation body, for the limits of the compulsory underwriting insurance in force in the country of occurrence of the accident. The compensation body, once the compensation has been paid and for the amount satisfied, shall become a creditor:
(a) The guarantee fund of the Member State in which the vehicle is normally based, in the event that the insurance institution cannot be identified.
(b) The guarantee fund of the Member State in which the accident occurred, if the vehicle cannot be identified.
(c) The guarantee fund of the Member State in which the accident occurred, in the case of third-country vehicles attached to the green card system.
CHAPTER V
Collaboration and agreements between agencies. Applicable law and competent jurisdiction
Article 30. Collaboration and agreements between agencies.
1. The Insurance Compensation Consortium will collaborate with the other information agencies of the European Economic Area to facilitate access to their information to residents in other countries other than Spain.
For the proper performance of the functions attributed to this law, the Consortium may conclude agreements with information agencies, with compensation bodies and with those organizations and institutions created or designated for the management of claims referred to in Article 20 in other Member States of the European Economic Area.
2. Offesauto may conclude agreements with the compensation bodies, with information bodies or with other institutions set up or designated for the management of claims referred to in Article 20 in other Member States of the European Space. European Economic.
Article 31. Applicable law and competent jurisdiction.
Without prejudice to the rules of private international law, the claims referred to in this Title shall apply to the law of the State in whose territory the accident occurred, and shall be the judges and courts of that State.
Single transient arrangement. Subsistence of the updated compensation amounts from Tables I to V of the Annex "System for the assessment of damages caused to persons in road accidents", of the Law on Civil and Safe Liability in the movement of motor vehicles, incorporated by Law No 30/1995 of 8 November.
For the assessment of damages caused to persons in road accidents prior to the entry into force of this recast text, the amounts will be subsertiated and will be applied compensation fixed in tables I to V of the Annex "System for the assessment of damage caused to persons in road accidents" of the Law on civil and insurance liability in the movement of motor vehicles, incorporated by the eighth additional provision of Law No 30/1995 of 8 November 1995 on the management and supervision of private insurance, as well as the decisions of the Directorate-General for Insurance and Pension Funds by which the annual updates of these amounts have been made public.
Final disposition first. Competence title.
This recast text is issued under the terms of Article 149.1.6. and 149.1.14. of the Constitution, in the latter case as regards the tax consideration of the compensation paid under the system of assessment of the damage and damage contained in the Annex.
Final disposition second. Regulatory enablement.
The Government is empowered to dictate how many provisions are necessary for the development and enforcement of this law.
ANNEX
System for the assessment of damages caused to people
in road accidents
First. Criteria for the determination of liability and compensation.
1. This system shall apply to the assessment of all damages to persons caused by road accidents, unless they are the result of a criminal offence.
2. The victim's fault shall be deemed to be the fault of the person in which the accident is due to his or her conduct or the production of the accident.
3. For the purposes of the application of the tables, the age of the victim and the injured and the beneficiaries shall be that of the date of the accident.
4. The persons listed in Table I and, in the other cases, the victim of the accident, are injured in the event of the death of the victim.
5. They will give rise to compensation for death, permanent injury, invalidating or not, and temporary disabilities.
6. In addition to the allowances fixed in accordance with the tables, the costs of medical and hospital care shall be met in any event and, in addition, in the case of death allowances, burial and funeral expenses.
7. The amount of compensation for moral damages is equal for all victims, and compensation for the physical harm is understood in its integral acceptance of respect or restoration of the right to health. In order to ensure full compensation for damages caused, account is also taken of the economic circumstances, including those affecting the victim's ability to work and loss of income, family circumstances and personal and the possible existence of exceptional circumstances which may be used for the exact assessment of the damage caused. They are corrective elements of reduction in all compensation, even in the costs of medical and hospital care and burial and funeral, the concurrency of the victim itself in the production of the accident or in the aggravation of its (a) in the case of permanent injury compensation, the existence of pre-existing or non-existent disabilities which have had an impact on the final result of the accident; and are corrective factors for aggravation in the (a) compensation for permanent injuries resulting from the production of concurrent invalidations and, where applicable, subsistence of pre-existing disabilities.
8. At any time, the full or partial replacement of the compensation fixed by the establishment of a life income in favour of the injured party may be agreed or judicially agreed.
9. Compensation or lifetime income may only be modified by substantial alterations in the circumstances that determined the fixing of those or by the occurrence of damage.
10. Annually, with effect from 1 January of each year and from the year following the entry into force of this recast text, the amounts of compensation fixed in this Annex shall be updated and, failing that, they shall be automatically updated. in the percentage of the general consumption price index corresponding to the calendar year immediately preceding the year. In the latter case and in order to facilitate their knowledge and application, such updates shall be made public by resolution of the Directorate-General for Insurance and Pension Funds.
11. In the determination and concretion of permanent injuries and temporary disabilities, as well as in the health of the injured person, a medical report shall be required.
Second. System explanation.
(a) Compensation for death (Tables I and II).
Table I. -Comprises the quantification of the moral damages, the basic property damage and the legal determination of the injured, and will determine the criteria of exclusion and concurrency among them.
For the determination of damages account is taken of the number of the injured and their relationship with the victim, on the one hand, and the age of the victim of another.
Indemnities are expressed in euros.
Table II.-Describes the criteria to be weighted to fix the remaining damages and the corrective elements of these. To these effects, it must be borne in mind that such damages are fixed by percentages of increase or decrease in the amounts fixed in Table I and that they are satisfied separately and in addition to the costs corresponding to the damage emergent, that is, medical and hospital care and burial and funeral services.
The correction factors set in this table are not mutually exclusive, but can be combined in the same disaster.
b) Permanent injury compensation (Tables III, IV and VI). The amount of these allowances is fixed on the basis of the type of permanent injury caused to the injured person from the physical or functional point of view, by means of points assigned to each injury (Table VI); to this score the value of the point in euro is applied in inverse proportion to the age of the injured person and the value of the point increased as the score increases (Table III); and, finally, the correction factors are applied in the form of percentages of increase or reduction (Table IV), in order to establish in particular the compensation for damages caused to be met, in addition to the costs of medical and hospital care.
Tables III and VI. -They correspond, for permanent lesions, with Table I for death.
In particular, for Table VI, it must be taken into account:
1. The scoring system. -Has a double perspective. On the one hand, the score from 0 to 100 that contains the system, where 100 is the maximum value assignable to the largest resulting injury; on the other hand, the injuries contain a minimum score and another maximum score.
The appropriate score for the particular case shall be established taking into account the specific characteristics of the injury in relation to the degree of limitation or loss of the function suffered by the affected member or organ.
Table VI incorporates, in turn, in relation to the eye system and the auditory system, a table in which the corresponding damage to the right side of the eyes and hearing organs is reflected in the axes of the abscesses. Those on the left side of these organs, on the axis of the ordinates. Therefore, with the data contained in the medical report on the visual or auditory acuity of the injured after the accident, the corresponding right side, on the axis of the abscesses, and those on the left side, on the axis of the ordered. By drawing perpendicular lines from each one of them, the injury score will be obtained, which corresponds to the one contained in the table where both lines converge. The score ranges from 0 to 85 in the vision organ, and from 0 to 70 in the hearing.
2. º Concurrent Inabilities. -When the injured result with different injuries resulting from the same accident, a joint score will be awarded, which will be obtained by applying the following formula:
(((100-M) × m)/100) + M
where:
M = highest value score.
m = lowest value score.
If decimal fractions are obtained in arithmetic operations, it is rounded to the highest unit.
If there are more than two concurrent injuries, this formula will continue to be applied, and the term "M" will correspond to the value of the result of the first operation performed.
In any case, the last score cannot be greater than 100 points.
If, in addition to the permanent sequels, the aesthetic disservice is valued, the points for this concept will be added arithmetic to those resulting from the permanent disabilities, without applying to those indicated formula.
Table IV. -It corresponds to table II of the compensation for death and the same rules apply to him, singularly the possible concurrency of the correction factors.
(c) Indemnities for temporary disabilities (Table V). -These allowances shall be compatible with any other and are determined by a daily amount (variable as specified, or not, a hospital stay) multiplied for the days it takes to heal the injury and corrected according to the factors that the table itself expresses, except that it will be appreciated in the conduct of the cause of the damage relevant and, where appropriate, judicially declared.
ATTACHED
TABLE I
Basic Death Indemnities including Moral Damage
| /Payees (1) of the compensation (by exclusionary groups) | Victim | ||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
to 65 years - Euros | From 66 to 80 years - Euros | More than 80 years - Euros | |||||||||||||||||||||||||||||
| Group I | |||||||||||||||||||||||||||||||
|
|
| To spouse | 90.278.048279 | ||||||||||||||||||||||||||||
| 67.708.532916 | 45.139,024140 | ||||||||||||||||||||||||||||||
| To each minor child | 37.615,854547 | 37.615,854547 | 37.615,854547 | ||||||||||||||||||||||||||||
|
each older child: | |||||||||||||||||||||||||||||||
| If less than twenty-five years | 15.046, 339185 | 15.046.339185 | 5.642, 377194 | ||||||||||||||||||||||||||||
| If older than twenty-five years | 7.523,169592 | 7.523, 169592 | 3.761,584796 | ||||||||||||||||||||||||||||
|
each parent with or without the victim coexistence | 7.523, 169592 | 7.523,169592 | - | ||||||||||||||||||||||||||||
|
To each orphaned and victim-dependent younger sibling | 37.615,854547 | 37.615, 854547 | - | ||||||||||||||||||||||||||||
| Group II | |||||||||||||||||||||||||||||||
| Table_table_izq"> Only a child | 135,417.065833 | 135,417.065833 | 135,417.065833 |
||||||||||||||||||||||||||||
|
one child, legally separated victim | 105.324,387464 | 105.324,387464 | 105.324, 387464 | ||||||||||||||||||||||||||||
| For each minor child plus (4) | 37.615,854547 | 37.615,854547 | 37.615, 854547 | ||||||||||||||||||||||||||||
|
each child with child concourse | 15.046.339185 | 15.046, 339185 | 5.642,377194 | ||||||||||||||||||||||||||||
| To each parent with or without victim coexistence | 7.523,169592 | 7.523,169592 | - | ||||||||||||||||||||||||||||
|
To each orphaned and victim-dependent younger sibling | 37.615,854547 | 37.615, 854547 | - | ||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||
| III.1 Up to twenty-five years: | |||||||||||||||||||||||||||||||
|
a single child | 97.801, 217871 | 97.801.217871 | 56.423, 778528 | ||||||||||||||||||||||||||||
|
A single child, legally separated victim | 75.231,702509 | 75.231, 702509 | 45.139,024140 | ||||||||||||||||||||||||||||
|
each child under twenty-five years (4) | 22.569,508777 | 22.569,508777 |
11.284,754388 | ||||||||||||||||||||||||||||
|
each child older than twenty-five years old who is under twenty-five years | 7.523, 169592 | 7.523,169592 | 3.761,584796 | ||||||||||||||||||||||||||||
|
each parent with or with no coexistence with the victim | 7.523.169592 |
| - | ||||||||||||||||||||||||||||
|
each orphaned and victim-dependent minor sibling | 37.615, 854547 | 37.615,854547 | - | ||||||||||||||||||||||||||||
| III.2 More than twenty-five years: | |||||||||||||||||||||||||||||||
|
A single child |
45.139,024140 | 45.139,024140 | 30.092,684955 | ||||||||||||||||||||||||||||
|
each another child older than twenty-five years plus (4) | 7.523,169592 | 7.523,169592 | 3.761,584796 |
||||||||||||||||||||||||||||
|
each parent with or without coexistence with the victim |
7.523,169592 | 7.523,169592 | - | ||||||||||||||||||||||||||||
|
each sibling orphaned and victim-dependent child | 37.615,854547 | 37.615,854547 | - | ||||||||||||||||||||||||||||
|
Group IV | |||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||
|
| Living with the victim | 82,754,872101 | 60.185,363324 | - | |||||||||||||||||||||||||||
|
living with the victim | 60.185, 363324 | 45.139,024140 | - | ||||||||||||||||||||||||||||
|
Grandparent without parents (6): | |||||||||||||||||||||||||||||||
|
each | 22.569,508777 | - | |||||||||||||||||||||||||||||
| 15.046.339185 | - | - | |||||||||||||||||||||||||||||
| Group V | |||||||||||||||||||||||||||||||
|
with siblings only | |||||||||||||||||||||||||||||||
|
V. 1 With siblings younger than twenty-five years old: | |||||||||||||||||||||||||||||||
|
a single sibling | 60.185,363324 | 45.139,024140 | 30.092, 684955 | ||||||||||||||||||||||||||||
|
every other sibling under twenty-five years (7) | 15.046.339185 | 15.046, 339185 | 7.523,169592 | ||||||||||||||||||||||||||||
| To each sibling older than twenty-five years that concur with siblings younger than twenty-five years | 7.523,169592 | 7.523, 169592 | 7.523,169592 | ||||||||||||||||||||||||||||
| V. 2 No siblings under twenty-five years: | |||||||||||||||||||||||||||||||
|
A single sibling | 37.615,854547 | 22.569,508777 | 15.046.339185 | ||||||||||||||||||||||||||||
|
each other sibling (7) | 7.523, 169592 | 7.523,169592 | 7.523,169592 | ||||||||||||||||||||||||||||
(1) With a general character:
a) When it comes to children, the adopters will also be included.
(b) Where different amounts are set according to the age of the injured person or beneficiary, the age at which the victim's accident occurred shall apply.
(2) Spouse not legally separated at the time of the accident.
Consolidated conjugal unions will be assimilated to law situations.
(3) Legal separation and divorce will be equated to the absence of spouse. However, if the separated or divorced spouse is entitled to the pension provided for in Article 97 of the Civil Code, compensation shall be equal to 50 per 100 of those fixed for the spouse in group I.
In the case of concurrency with conjugal unions in fact or, where appropriate, of those with spouses not legally separated, the compensation fixed for the spouse in group I will be distributed among the concurrent in proportion to the amount that would have been paid to them if there was no concurrency.
(4) The total amount of compensation corresponding to the number of children shall be allocated to equal parts.
(5) If one is present, one who would live and one who did not live with the victim will be assigned 50 per 100 of the amount shown in his/her respective concept.
(6) The total amount of compensation will be distributed to 50 per 100 between paternal and maternal grandparents.
(7) The total amount of compensation corresponding to the number of siblings will be allocated to equal parts.
TABLE II
Correction factors for basic compensation for death
| Description | Increase (in percentage or in euros) | Percentage of reduction | |
|---|---|---|---|
|
Perjudgments | |||
|
's annual net income by personal work: | |||
|
to 22,569,508777 Euros (1) | - | ||
|
22.569.521949 to 45,139,024140 Euro | From 11 to 25 | - | |
|
45,139,030726 to 75.231,702509 euros | From 26 to 50 |
- | |
|
More than 75.231,702509 | From 51 to 75 | - | |
|
Family Circumstances | |||
|
Physical or psychic disability (prior to accident) of the injured/beneficiary: | |||
|
If you are a spouse or minor child | From 75 to 100 (2) | - | |
| If you are older child with less than twenty-five years | From 50 to 75 (2) | - | |
| Any other harmed/payee | From 25 to 50 (2) | - | |
| Single Child Victim | |||
|
|
| ||
| If it is greater, with less than twenty-five years | From 20 to 40 | - | |
| If you are older, over twenty-five years |
From 10 to 25 | - | |
|
minor children | |||
| From 75 to 100 (3) | From 75 to 100 (3) | - | |
|
minor children: | |||
| With children less than twenty-five years | From 25 to 75 (3) | - | |
| children under twenty-five years | From 10 to 25 (3) | ||
| victim with loss of fetus as a result of the accident | |||
| the conceived was the first child: | |||
|
the third month of pregnancy | 11.284,754388 | - | |
|
the third month | 30.092, 684955 | - | |
| If the conceived was the second child or later: | |||
|
the third month | 7.523,169592 | - | |
|
the third month | 15.046.339185 | - | |
|
| - | Up to 75 |
(1) Any victim of working age will be included in this section, even if no income is justified.
(2) On compensation that corresponds to the disabled beneficiary.
(3) On the basic compensation that corresponds to each injured person.
TABLE III
Basic allowances for permanent injuries (including moral damages)
Point values in euros
| Points | Less than 20 years - Euros | From 21 to 40 years - Euros | From 41 to 55 years - Euros |
From 56 to 65 years - Euros | Over 65 years - Euros | ||
|---|---|---|---|---|---|---|---|
|
1 | 668.946311 | 619,306184 | 569,652886 | 524,418921 |
| ||
| 689,594021 | 636,996694 | 584,392783 | 538.928302 |
3 | |||
| 708,120979 | 652,823313 | 597,499304 | 551,889926 | 484,335359 | |||
| 4 | 724,546941 | 666,766282 | 608.952691 | 563,284039 | 488,399040 | ||
| 5 | 738.858735 | 678.832184 | 618.772703 | 573,130395 | 492,548341 | ||
|
6 | 751.076120 | 689,014437 | 626.946167 | 581,389480 | 7 | ||
|
| 7 | 767,218876 | 702,871783 | 638.511519 | 592,770419 | 501.538492 | |
| 8 | 781,761187 | 715.326272 | 648.851840 | 602,979015 | 506.642791 | ||
| 9 | 794,749157 | 726,364729 | 657.960543 | 612,008684 | 510,910642 | ||
|
10-14 | 806.149854 | 735,993741 | 665.844215 | 619,879183 | 514,381565 | ||
| 15-19 | 947,443424 | 867.217024 | 786.970865 | 729.835652 | 574.012945 | ||
|
-24 |
1.077.211157 | 987.737744 | 898.257744 | 830.841487 | 628,4880749 | ||
| 25-29 | 1.206.722029 | 1.107.922568 |
1,009,136281 | 931,597047 |
684,107723 | ||
|
30-34 | 1,327,960644 | 1.220,460825 | 1.112.967591 | 1,025.924483 | 736,006914 | ||
|
35-39 | 1.441,137761 | 1.325.523754 | 1.209.916332 | 1.114,001623 | 784,296871 | ||
| 40-44 | 1.546.470724 | 1.423.322113 | 1.300,180089 |
1.195.966778 | 829.069801 | ||
|
45-49 | 1.644.143946 | 1.514.020558 | 1.383, 903756 | 1.271.978015 | 870.391568 | ||
|
50-54 |
1.734.394530 | 1.597.836433 | 1.461, 278335 | 1.342.226336 | 908.367549 | ||
|
55-59 |
1.854,467390 | 1.709.096968 | 1.563.726546 | 1.435.532912 | 962,334803 | ||
| 60-64 | 1,972,182392 | 1.818,184060 | 1.664,192314 | 1.527,008529 | 1,015,235094 | ||
|
65-69 | 2.087.605400 |
1,925,124053 | 1.762,662464 | 1,616,705872 | 1,067,114525 | ||
|
70-74 | 2.200, 756173 | 2.029,982810 | 1.859.222620 | 1.704.624944 | 1.117, 966511 | ||
| 75-79 | 2.311, 674226 | 2.132,773503 | 1.953.885952 | 1.790.831606 | 1.167, 823981 | ||
| 80-84 | 2.420.438594 | 2.233.555408 |
2.046.685392 | 1.875, 352204 | 1.216,700110 | ||
| 85-89 | 2,527,049279 |
2.332,361454 | 2.137.673630 | 1.958.206494 | 1.264.627826 |
||
|
90-99 | 2.631.591898 | 2.429,231161 | 2.226.863837 | 2.039,447167 | 1.311, 613717 | ||
| 100 | 2.734.073039 | 2,524,190871 |
2.314.321875 | 2.119,120328 | 1.357.670955 |
TABLE IV
Correction factors for basic permanent injury compensation
| Description | Increase (in percentage or in euros) | Percentage of reduction | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Perjudgments | |||||||||||||||||
|
victim's net income from personal work: | |||||||||||||||||
|
to 22,569,508777 Euros (1) | - | ||||||||||||||||
|
22.569.521949 to 45,139,024140 Euro | From 11 to 25 | - | |||||||||||||||
|
45,139,030726 to € 75.231,702509 | From 26 to 50 |
- | |||||||||||||||
|
More than 75.231,702509 | From 51 to 75 | - | |||||||||||||||
| Complementary moral damages | |||||||||||||||||
|
be understood to be caused when a single sequel exceeds 75 points or the concurrent ones exceed 90 points. Only in these cases will it be applicable | Up to 75.231,702509 | - | |||||||||||||||
|
Lesions that constitute an inability for the victim's usual occupation or activity | |||||||||||||||||
| permanent: | |||||||||||||||||
| With permanent sequels that partially limit the usual occupation or activity, without prevent the realization of the fundamental tasks of this | Up to 15.046.339185 | - | |||||||||||||||
| From 15.046,345771 to 75.231,702510 | |||||||||||||||||
| Permanent: | |||||||||||||||||
| With sequels that disable the disabled for the performing any occupation or activity | From 75.231,709095 to 150.463.411603 | - | |||||||||||||||
| People affected with permanent sequelae that require the help of other people to carry out the most essential activities of daily life, such as dressing, scrolling, eating or analogous (tetraplegia, paraplegia, vigile or vegetative coma states chronic, important neurological or neuropsychiatric sequelae with severe mental or mental alterations, complete blindness, etc.) | |||||||||||||||||
| for help from another person: | |||||||||||||||||
|
Pondering the age of the victim and degree of incapacity to perform the most essential activities of life. The cost of assistance in cases of chronic living or vegetative coma states is assimilated to this benefit. | Up to 300.926.816622 | - | |||||||||||||||
|
adequation | |||||||||||||||||
|
According to housing characteristics and incapacitated circumstances, depending on of your needs | Up to 75.231,702509 |
| - | ||||||||||||||
|
|
| ||||||||||||||||
| Unable to attend to the substantial alteration of life and co-existence arising from care and continued care, according to circumstances. | Until 112.847.557056 | ||||||||||||||||
| with loss of fetus as a result of the accident (2) | |||||||||||||||||
| If the intended child was the first child: | |||||||||||||||||
| Up to the third month of pregnancy | Up to 11.284,754388 | - | |||||||||||||||
|
A from the third month | Up to 30.092,684955 | - | |||||||||||||||
| If the conceived was the second child or later: | |||||||||||||||||
|
the third month of pregnancy | To 7.523.169592 | - | |||||||||||||||
|
the third month | Until 15.046.339185 | - | |||||||||||||||
| correctors in the first.7 section of this | Under circumstances | Under circumstances | |||||||||||||||
|
| |||||||||||||||||
|
| |||||||||||||||||
| needs | Up to 22,569,508777 | - |
(1) Any victim of working age will be included in this section, even if no income is justified.
(2) There will be a perception of this compensation, even if the pregnant woman has not suffered any injuries.
TABLE V
Temporary Disability Allowances
(Compatible with other indemnities)
(a) Basic compensation (including moral damages):
| Daily Compensation - Euros | |
|---|---|
| During hospital stay | 56,384386 |
|
hospital stay: | |
|
impulse (1) | 45.813548 |
| Not impeded | 24,671873 |
(1) It is understood by the day of low impediment that the victim is incapacitated to develop her occupation or usual activity.
B) Correction factors:
| Description | increase-ups | decrease-in-numbers |
|---|---|---|
|
Perjudgments: | ||
|
victim's annual net income per personal work: | ||
|
to 22,569,508777 euros | - | |
|
22.569.521949 to 45,139,024140 Euro | From 11 to 25 | - |
|
45,139,030726 to € 75.231,702509 | From 26 to 50 |
- |
|
More than 75.231,702509 | From 51 to 75 | - |
|
this attachment | - | Up to 75 |
TABLE VI
Classifications and sequelae assessment
Index
Chapter 1. Head:
Skull and brain.
Face:
Osteoarticular system.
Boca.
Nose.
olfactory and gustative system.
Eye system.
Hearing system.
Chapter 2. Trunk:
Spine and pelvis.
Neck (organs).
Chest.
Abdomen and pelvis (organs and viscera).
Chapter 3. Cardiovascular apparatus:
Heart.
Peripheral vascular.
Chapter 4. Upper extremity and seat waist:
Shoulder.
Collarbone.
Arm.
Elbow.
Forearm and wrist.
Hand.
Chapter 5. Lower extremity and hip:
Dismetries.
Hip.
Thigh.
Knee.
Leg.
Ankle.
Pie.
Chapter 6. Spinal cord and cranial pairs:
Spinal Cord.
Cranial Nerves.
Chapter 7. Peripheral nervous system:
Top members.
Lower members.
Chapter 8. Endocrine disorders:
Special Chapter. Aesthetic damage.
General rules:
1. The score given to each sequel, according to clinical criteria and within the permitted margin, will take into account its intensity and severity from the physical or biological-functional point of view, without taking into consideration age, sex or profession.
2. A sequel should be valued only once, even if its symptomatology is described in several sections of the table, without prejudice to the established respect for aesthetic damage. The sequelae that are included and/or derived from another are not valued, even if they are described independently.
3. The so-called temporary sequels, i.e. those that are called to be cured in the short or medium term, do not have the consideration of permanent injury, but they must be assessed according to the rules of paragraph (a) of Table V, counting, in their case, its effect on the ground or not and on the basis of the reasonable calculation of its duration, after the attainment of the lesional stabilisation.
| Score | ||||
|---|---|---|---|---|
|
CHAPTER 1. CABEZA | ||||
| Craneo and brain | ||||
|
Loss of bone substance: | ||||
|
| 1-5 |
|||
|
requires cranioplasty. | 5-15 | |||
|
source neurological syndromes: |
||||
|
-engine syndromes: | ||||
| Afasia: | ||||
|
(Broca) | 25-35 | |||
|
35-45 | ||||
|
-60 | 50-60 |
50-60 |
||
|
Amnesia: | ||||
|
Fixing or anterograda (included in deterioration of integrated top brain functions). | ||||
|
evocation or retrograde (included in the syndrome post-shock) | ||||
|
epilepsy: | ||||
| or focal: | ||||
| Simples without a background, in treatment, and with electroencephalographic evidence. | 1-10 | |||
|
Complexes .. |
10-20 | |||
| generalized | ||||
| Tonic-Clonic: | ||||
|
15 | ||||
| 15 | ||||
| Medically-controlled table_table_izq"> Not medically controlled: | ||||
| With difficulty in daily life activities .. | 55-70 | |||
|
prevents activities of daily life | 80-90 | |||
|
Impairment of integrated superior brain functions, accredited by specific tests (Outcome Glasgow Scale): | ||||
| Leve (mild limitation of the interpersonal and social functions of daily life.) | 10-20 | |||
| (moderate limitation of some, but not all functions interpersonal and social of everyday life; there is a need for monitoring of daily life activities.) | 20-50 | |||
| (a severe limitation that prevents a useful activity in almost all social and interpersonal functions daily; requires continuous monitoring and restriction of home or a center) | 50-75 | |||
| Very severe (severe limitation of all daily functions that requires an absolute dependency of another person, is not able to care for themselves) | 75-90 | |||
|
osteodural Fistulas | 1-10 | |||
|
extrapyramidal (value-based-functional) | ||||
|
-peritoneal, ventricle-vascular (by post-traumatic hydrocephalus) derivatives according to functional impairment | 15-25 | |||
|
vegetative state. | 100 | |||
| Unilateral cerebellar syndrome. | 50-55 | |||
| bilateral cerebellar syndrome. | 75-95 | |||
| 10-20 | ||||
|
| ||||
| -35 | ||||
| -35 | Apraxia |
10-35 | ||
|
Hemiplegia (according to dominance) | 80-85 | |||
|
Leve. | 15-20 | |||
| Moderate | 20-40 | |||
|
40-60 | ||||
| Other central source limb engines: assimilate and rate assumptions according to assumptions indicated in the same spinal cord injuries (higher values will be awarded according to dominance and existence of spasticity). | ||||
| Psychiatric syndromes: |
||||
|
disorders: | ||||
|
-shock syndrome (headache, dizziness, sleep disturbances, memory, character, libido) | 5-15 | |||
|
Organic personality disorder: | ||||
|
(mild limitation of daily interpersonal and social functions). | 10-20 | |||
| (limitation) moderate of some, but not all the interpersonal and social functions of everyday life, there is a need for monitoring of daily life activities. | 20-50 | |||
|
(severe limitation that prevents a useful activity in almost all daily social and interpersonal functions, requires continuous monitoring and restriction of the home or a center). | 50-75 | |||
|
Very severe (severe limitation of all daily functions requiring an absolute dependency of another person: is not able to take care of itself). | 75-90 | |||
| Humor: | ||||
| Reactive depressive disorder | 5-10 | |||
| By Stress | 1-3 | |||
| Other neurotic disorders. | 1-5 | |||
|
Aggravations: | ||||
|
Aggravation or destabilization of non-traumatic dementia (includes senile dementia) | 5-25 | |||
| 1-10 | ||||
|
| ||||
| System Osteoarticular | ||||
|
traumatic impairment of Dental Occlusion by Inoperable Injury (Vicious Consolidation, Pseudoarthrosis of the Lower and/or Upper Maxillary, Loss of Substances, etc.) | ||||
| With dental contact: | ||||
|
5-15 | 5-15 | |||
|
-5 | ||||
|
dental contact | 15-30 | |||
|
and/or lower maxillary structural deterioration (without the possibility of repair). Assess according to functional impact on chewing. | 40-75 | |||
|
Loss of substance (hard and soft palate): | ||||
|
nasal cavity communication .. | 20-25 | |||
|
With communication with a nasal cavity (inoperable). | 25-35 | |||
| Limitation of the opening of the temporo-mandibular joint (0 to 45 mm) according to its impact. | 1-30 | |||
| Luxation between 20-45 mm open. | 5-10 | |||
| Luxation between 0-20 mm open. | 10-25 | |||
| 1-5 | ||||
| -8 | ||||
| Boca | ||||
| Boca | Table_table_izq"> Dientes (traumatic complete loss): | |||
| an incisor. | 1 | |||
|
a canine | 1 | |||
|
|
| |||
| 1 | ||||
| Language: | ||||
| scar disorders (retractable tongue scars that cause functional alterations after surgical repair) .. | 1-5 | |||
| Amputation: |
||||
|
: | ||||
|
than 50 percent. | 5-20 | |||
| More than 50 percent. | 20-45 | |||
| Total. | 45 | |||
|
alteration of taste. | ||||
|
Nose | ||||
| -25 | ||||
|
| ||||
|
nasal breathing or Cartilage Impairment .. | 2-5 | |||
| 5-12 | ||||
|
|
2 | |||
|
Hiposmia | 3-6 | |||
|
|
7-10 | 7 | ||
|
System | ||||
|
Globe: | ||||
| Ablation of an eyeball. | 30 | |||
| Ablation of both eyeballs . | 90 | |||
|
Esclerocornea: | ||||
|
Leucoma (value-based loss of field visual) | ||||
| Iris: | ||||
| iris post-traumatic overrides (appraise loss of visual acuity and add 1-5 points in case of accommodation disorder) | 1-5 | |||
|
Crystalline: | ||||
| inoperable post-traumatic cataract (visual acuity settings). | ||||
| Afaquia unilateral after surgical failure; assess according to visual acuity disorder (see tables A and B attached and combine obtained values) and add 5 points. | ||||
| Intraocular lens placement | 5 | |||
|
Eye-to-eye: | ||||
|
Muscles: paralysis of one or more muscles (see cranial pairs). | ||||
| Entropion, tripiasis, ectropion, vicious scars. | 1-10 | |||
| Palpebral Malocclusion: | ||||
|
Lateral |
| |||
|
6-15 | ||||
|
| ||||
|
(add visual field loss) | 2-8 | |||
| Bilateral (add visual field loss). | 8-16 | |||
| Constant and permanent alterations of tear (excess or default) secretion. | ||||
|
| ||||
| Bilateral. |
| 6-12 | ||
|
1-5 | ||||
| Visual Field: | ||||
|
peripheral Vision: | ||||
|
Hemianopsies: | ||||
| Homonymous. | 35-45 | |||
| Heteronimas: | ||||
|
Nasal. | 40-50 | |||
| -40 | ||||
| Nasal lower | 10-20 | |||
| Nasal | 3-8 | |||
|
Temporary | 3-8 | |||
| 2-7 | ||||
|
yuxtacentral Escotomas. | 5-20 | |||
|
Vision: | ||||
|
| -20 | -20 | ||
| Diplopia: | ||||
| In high positions of the look (less than 10º of deviation) | 1-10 | |||
| In the side field (less than 10º of deviation). | 5-15 | |||
|
At the bottom of the visual field (less than 10º of deviation) | 10-20 | |||
|
In all directions, forcing occlusion an eye (deviation of more than 10) .. | 20-25 | |||
|
acuity: | ||||
|
acuity deficit (refer to tables A and B attached and combine their values). | ||||
|
Loss of vision of an eye. | 25 | |||
| Note: If the trauma affected eye previously had any visual deficits, the rate of aggravation will be the difference between the current and the existing deficit. | ||||
|
Crate | 85 | |||
|
| ||||
| 1-4 | -4 | |||
| 4-8 | ||||
|
Acugens | 1-3 | |||
| Vertigos (objectified with corresponding tests): | ||||
| Sporadic | 1-3 | |||
|
| 15-30 | |||
| Hearing acuity deficit (see table C) | 1-70 | |||
|
Note: if the ear affected by the trauma had Previously some hearing deficit, the rate of aggravation will be the difference between the current and existing deficits. | ||||
|
CHAPTER 2. TRUNK | ||||
|
column and pelvis | ||||
|
1-8 | ||||
| 1-5 | ||||
| Backbone osteosynthesis Material | 5-15 | |||
|
Fracture before/crush fracture: | ||||
|
than 50 percent of the height of the vertebra. | 1-10 | |||
|
More than 50 percent of the height of the vertebra. | 10-15 | |||
|
table derived from hernia/s or protrusion/is disc/is operada/s or without operating; the entire affected segment of the column (cervical, thoracic, or lumbar) is considered globally. | 1-15 | |||
|
|
1-20 | |||
| Post-traumatic Algias: |
-20 | |||
|
root commitment .. | 1-5 | |||
| With root commitment. | 5-10 | |||
|
Column cervical: | ||||
|
Limitation of cervical column mobility. | 5-15 | |||
| cervical post-traumatic syndrome (cervical, dizziness, vertigo, headache). | 1-8 | |||
|
-lumbar column: | ||||
|
Limitation of the mobility of the toraco-lumbar column. | 2-25 | |||
|
Sacro and pelvis: | ||||
| pubic and sacroiliac disjunction (as Vertebral static and locomotor function) | 5-12 | |||
|
5-10 | ||||
| (organs) | ||||
| Faringe: | ||||
|
Stenosis with obstacle to swallowing .. | 12-25 | |||
| : | ||||
|
15-20 | ||||
|
Function Disorders. |
15-20 |
| 15 | |
|
2-20 | ||||
| 2-20 | ||||
| Iof-tracheal Fistula inoperable. | 10-35 | |||
| external Fistula | 10-25 | |||
|
| Laringe: | |||
|
Stenosis: | ||||
|
scar estenosis that determine dysphonia. | 5-12 | |||
|
effort without the possibility of prosthetics | 15-30 | |||
|
Paralysis: | ||||
|
Paralysis of a vocal string (dysphonia) | 5-15 | |||
|
vocal string Paralysis (afonia). | 25-30 | |||
| Trapea: | ||||
| -45 | ||||
|
35-45 |
35-45 | |||
|
| Torax | |||
|
System: | ||||
| Rib Fracture/sternum with sporadic and/or persistent intercostal neuralgies. |
|
| ||
|
| ||||
|
. | 10-15 | |||
| Resection: | ||||
|
R. partial lung (add respiratory failure assessment). | 5 | |||
| total lung (pneumonectomy) (add respiratory failure assessment) | 12 | |||
|
brake nerve paralysis (the value of the respiratory failure). | ||||
|
function: | ||||
|
restrictive respiratory failure (quantifying as spirometry): | ||||
|
I Restriction (100-80 percent). | 1-10 | |||
| Restriction type II (80-60 percent) | 10-30 |
|||
| Restriction Type III (60-50 percent) .. | 30-60 | |||
|
IV Restriction (< 50 percent percent) | 60-90 | |||
| Mamas: | ||||
| Mastectomy: | ||||
|
| 5-15 | |||
| 15-25 | ||||
| Abdomen and pelvis (organs and viscera) | ||||
|
Stomach: | ||||
| . | 5-15 | |||
| Subtotal | 15-30 | |||
| 45 | ||||
|
Small Intestine: | ||||
|
Fistulas: | ||||
|
nutritional disorder. | 3-15 | |||
|
With nutritional disorder | 15 -30 | |||
| 5-60 | ||||
|
Large Intestine: | ||||
|
| : | |||
|
No functional disorder. | 5 | |||
| With Functional Disorder. | 5-30 | |||
| Total. | 60 | |||
|
Sigma, rectum, and year: | ||||
|
Incontinence with or without prolapse. | 20-50 | |||
| Colostomy | 40-50 | |||
|
: | ||||
|
overrides: | ||||
|
(no coagulation disorders or cytolysis, but with cholestasis) .. | 1-15 | |||
|
(slight coagulation alteration and/or minimum cytolysis signs). | 15 -30 | |||
| Severe (severe alteration of coagulation, cytolysis, and cholestasis) | 30-60 | |||
| Hepatic lobectomy without functional impairment | 10 |
|||
| Biliary bladder removal | 5-10 | |||
|
Biliary Fistules | 15 -30 | |||
| Pancreas: | ||||
|
-Traumatic Alterations. | 1-15 | |||
| Bazo: | ||||
| Splenectomy: | ||||
|
hemato-immunologic impact. | 5 | |||
|
10-15 | ||||
| Hernias and adhesions inoperable): | ||||
|
Incinal, crural, epigastric. | 10-20 | |||
| peritonial Adheritages | 8-15 | |||
|
10-20 | ||||
|
Kidney: | ||||
| Nephrectomy: | ||||
|
unilateral Nefrectomy-total (rate renal failure if proceeds) | 20-25 | |||
|
70 | 70 | |||
| Renal impairment (rate based on creatinine clearance and subsequent alterations): | ||||
|
Grade I: 120-90 ml/min .. | 5-10 | |||
| II: 90-60 ml/min | 10-20 | |||
| Grade III: 60-30 ml/min .. | 20-40 | |||
| Grade IV: < 30 ml/min. | 40-70 | |||
| bladder: | ||||
|
urine retention: Required Sondages. | 10-20 | |||
| Urinary Incontinence: | ||||
| Effort . | 2-15 | |||
|
. | 30-40 | |||
|
Uretra: | ||||
|
Erestez without infection or kidney failure . | 2-8 | |||
|
urethritis .. | 2-8 | |||
| Male Genital Device: | ||||
|
Disstructuring of the penis (includes erectile dysfunction): | ||||
|
narrowing of the mess. | 30-40 | |||
|
40-50 | ||||
| Traumatic Loss | ||||
| -30 | ||||
|
| 40 | |||
|
| Varicocele | 2-10 | ||
| Impotency (according to functional impact) | 2-20 | |||
| genital apparatus: | ||||
|
vulvar and vaginal injuries that make it difficult or impossible to intercourse (as functional) | 20-30 | |||
| Loss of the uterus: | ||||
|
40 | ||||
|
After menopause. | 10 | |||
|
Omiscellaneous: | ||||
| Loss of a ovary. | 20-25 | |||
| Loss of two ovaries | 40 | |||
| CHAPTER 3. Cardiovascular APPARATUS | ||||
|
failure: | ||||
|
Grade I: dyspnoea of great efforts (ejection fraction: 60 percent-50 percent). | 1-10 | |||
|
II: dyspnea of moderate efforts (ejection fraction: 50 percent-40 percent) | 10-30 | |||
| 30-60 | ||||
|
Grade IV: rest dyspnoea (ejection fraction: < 30 percent) .. | 60-90 | |||
| Valvular Prothesis | 20-30 | |||
| Sequels after heart trauma (without heart failure) .. | 1-10 | |||
|
peripheral vascular | ||||
|
traumatic origin aneurysms (value as per the degree of disability that you have in the corresponding section): | ||||
|
venous disorders of post-traumatic origin: | ||||
| Flebitis or venous trauma in patients with previous venous pathology: | ||||
|
(varicose and pigmentation appreciation) .. | 1-8 | |||
| Moderate (edema, eczema, pain, and edema occurrence indurated cellulite) .. | 9-15 | |||
|
(occurrence of severe trophic ulcers and disorders) .. |
| 20-30 | ||
|
|
| |||
|
Intermittent and coldness (according to functional impact). | 1-15 | |||
| Intermittent Claudication, coldness, and trophic disorders (according to functional impact). | 15-25 | |||
| Fistulas Post-traumatic origin arteriovenous: | ||||
|
regional or general impact. | 1-20 | |||
| With regional impact (edemas, varices ...). | 20-40 | |||
| With overall impact (rate based on heart failure) | ||||
|
Linfedema | 10-15 | |||
| Substitute and/or prosthesis. | 20-30 | |||
| CHAPTER 4. UPPER EXTREMITY AND SCAPULAR WAIST Note: the score of one or more sequels corresponding to a joint, member, apparatus or system (in the event that they are several sequels after using the formula concurrent capabilities) may never exceed that corresponding to the total, anatomical, and/or functional loss of this joint, member, apparatus, or system. | ||||
| shoulder | ||||
| Disarticulation/amputation of the Shoulder: | ||||
|
| 55-60 | |||
|
. | 90 | |||
| 30-40 | ||||
|
Shoulder Mobility Abolition (ankylosis and arthrodesis): | ||||
|
In functional position. | 20 | |||
| non-functional position. | 25 | |||
|
Limitation of mobility (possible movement arc will be valued): | ||||
| Abduction (N: 180º): | ||||
|
more than 90º .. | 1-5 | |||
|
more than 45º and less than 90º | 5-10 | |||
| Move less than 45th | 10-15 | |||
|
(N: 30º) | 1-3 | |||
|
Flexion (N: 180º) (the possible moving arc will be valued): | ||||
|
more than 90º .. | 1-5 | |||
|
more than 45º and minus 90º. |
5-10 | |||
|
less than 45th | 10-15 | |||
| Back-up (extension) (N: 40º) | 1-5 | |||
| 1-5 | ||||
| Internal (N: 60º) | 1-6 | |||
|
recurrent shoulder inoperable Luxation (according to functional impact) |
5-15 | |||
|
septic osteoarthritis (as functional limitation) | 20-25 | |||
|
-traumatic arthrosis and/or painful shoulder. | 1-5 | |||
|
Agravation of a previous arthrosis | 1-5 | |||
|
Shoulder Protein (according to your functional limitations, which are included). | 15-25 |
|||
|
1-5 | ||||
| -5 | ||||
| Acromi-clavicar/sterno-clavicular (inoperable) Luxation | 1-5 | |||
|
Pseudoarthrosis inoperable collarbone (according to functional limitations) | 5-10 | |||
| osteosynthesis material | 1-3 | |||
|
| ||||
|
| ||||
| Consolidations in rotation and/or humerus angulations higher than 10th | 1-5 | |||
|
Pseudoarthrosis of humerus inoperable: | ||||
|
active infection | 15 | |||
| With active infection | 20 | |||
| Osteomyelitis | 15 | |||
|
15 | 1-5 | |||
| 1-5 | ||||
|
-disarticulation | 40-45 | |||
| In functional position. | 10-20 | |||
| In non-functional position. | 20-30 | |||
| Mobility Limitation (degrees): is considered the neutral (functional) position with the arm at 90º | ||||
| From that position, the maximum bending arc is 60º and the maximum extension arc is 90º | ||||
|
limitation: |
||||
|
less than 30 th | 5-15 | |||
|
over 30 th | 1-5 | |||
|
Limitation of the extension: | ||||
|
less than 60º .. | 5-15 | |||
|
over 60º | 1-5 | |||
|
The prone-supination movements are valued in the forearm and wrist section. | ||||
| -25 | ||||
| 20-25 | ||||
| 20-25
Post-traumatic arthrosis and/or painful elbow. | 1-5 | |||
|
Agravitation of a prior arthrosis | 1-5 | |||
| 15-20 |
||||
|
osteosynthesis material. |
|
| ||
|
| ||||
|
| ||||
| unilateral | 40-45 | |||
|
. | 70-75 |
|||
|
Extitration of the radio head (the limitation is included functional) | 1-5 | |||
|
Anquilosis/Artrodesis wrist: | ||||
| In position functional. | 8-10 | |||
|
In non-functional position. | 10-15 | |||
|
Limiting wrist mobility (degrees): | ||||
| Pronation (N: 90º). | 1-5 | |||
|
Supination (N: 90º) .. | 1-5 | |||
|
Flexion (N: 80º) | 1-7 | |||
|
Extension (N: 70º) | 1-8 | |||
| Radial tilt (N: 25th) | ||||
|
1-3 | ||||
| Consolidations in rotation and/or upper-to-10th forearm angulations | 1-3 | |||
|
Pseudoarthrosis inoperable cubito and radio: | ||||
|
active infection .. | 18-20 | |||
| With Active Infection | 20-25 | |||
|
Pseudoarthrosis cubit inoperable: | ||||
|
active infection .. | 8-10 | |||
|
With infection active | 10-15 | |||
|
| ||||
|
active infection .. | 6-8 | |||
| -12 | ||||
|
-12 | ||||
| 1-7 | ||||
| Ischemic Retraction | 30-35 | |||
|
-traumatic arthrosis and/or painful forearm-wrist. |
1-5 | |||
|
osteosynthesis material. | 1-4 | |||
|
Amputation of one hand (to the height of the carp or metacarpo): | ||||
| 35-40 | ||||
|
65 | 65 | |||
| Pseudoarthrosis inoperable of escapoids. | 6 | |||
| Syndrome post-cotton hand-dystrophy residual | 1-5 | |||
| osteosynthesis material | 1-3 |
|||
| Deds: | ||||
|
finger full amputation: | ||||
| -20 | ||||
|
| ||||
|
32 |
32 |
32 | 8-10 | |
| Full second finger | ||||
|
| 8-10 | |||
|
| 18 | |||
| Full amputation of the distal phalanx of the second finger .. | 5-6 | |||
| Full amputation of the middle and distal phalange of the second finger. | 6-7 | |||
|
3. º, 4. or 5. (for each finger) | 6-7 | |||
| Full amputation of the distal phalanx of the 3. º, 4. º, or 5. th finger (for each finger). | 3-4 | |||
|
Amputation of the The middle and distal phalanx of the 3. º, 4. º or 5. º finger (for each finger) .. | 5-6 | |||
|
Anquilosis/first finger arthrodesis (the set of the joints): | ||||
|
In position functional | 7-10 | |||
| In non-functional position. | 10-15 | |||
|
| ||||
| In functional position | 4-5 | |||
| 5-8 | ||||
| Anquilosis/arthrodesis 3. º, 4. º or 5. th finger (includes joint assembly): | ||||
|
2-4 | ||||
| 4-6 | ||||
|
Limitation of joint mobility metacarpo-phalangics: | ||||
|
finger | 1-5 | |||
|
fingers (for each finger) | 1-2 | |||
|
Limitation of the mobility of the carpo-metacarpiana joint of the first finger. | 1-5 | |||
|
Limitation of the joints interphalangics: | ||||
|
finger | 1-3 | |||
|
fingers (for each articulation). | 1 | |||
|
-traumatic arthrosis and/or pain in hand. | 1-3 | |||
|
CHAPTER 5. LOWER EXTREMITY AND HIP | ||||
| Note: the score of one or more sequels corresponding to a joint, member, device, or system (in the case of several sequels after using the concurrent inability formula) you can never exceed the one that corresponds to the total, anatomical, and/or functional loss of this joint, member, apparatus, or system. | ||||
| Lower extremity: | ||||
|
than 3 centimeters | 3-12 | |||
| 3 to 6 centimeters. | 12-24 | |||
|
6 to 10 centimeters. | 24-40 | |||
| Cadera | ||||
|
60-70 | ||||
| 60-70 | ||||
| -95 | ||||
|
| ||||
| 25 | -35 | |||
|
25-35 | ||||
| Flexion (N: 120º): | ||||
|
over 90º | 1-5 | |||
| Move more than 45º and less than 90º. | 5-10 | |||
| Move less than 45º .. | 10-15 | |||
| Extension (N: 20th) | 1-5 | |||
|
(N: 60º): | ||||
|
over 30 th |
1-3 | |||
|
less than 30 th .. | 3-6 | |||
|
(N: 20º). | 1-3 | |||
| External Rotation (N: 60º): | ||||
|
over 30 th | 1-3 | |||
| Move less than 30 th .. | 3-6 | |||
|
Rotation internal (N: 30º). | 1-3 | |||
|
septic (according to functional limitation) | 20-35 | |||
| 1-10 | ||||
| Inspecific post-traumatic coxalgia. | 1-10 |
|||
| femoral head necrosis | 20-25 | |||
|
Pregravitation of prior arthrosis. | 1-5 | |||
| Prothesis: | ||||
| (depending on your functional limitations, which are included) | 15-20 | |||
| Total (according to its functional limitations, which are included). | 20-25 | |||
| osteosynthesis material. | 1-10 | |||
|
Muslo | ||||
| Amputation of femur: | ||||
|
Lateral, diafisario or knee level. | 50-60 | |||
| Bilateral, diafisario or knees | 85-90 | |||
| Pseudoarthrosis: | ||||
|
active infection .. | 30 | |||
|
| ||||
| 40 | ||||
| -5 | 1-5 | |||
| 1-5 | ||||
|
More than 10. | 5-10 | |||
|
Femur chronic Osteomyelitis. | 20 | |||
| osteosynthesis material. | Knee | |||
| Knee |
| Knee | ||
| In functional position. | 20 | |||
|
In non-functional position. | 20-30 | |||
| Limitation: | ||||
| Flexion (N: 135th): | ||||
|
over 90º .. | 1-5 | |||
|
Moves more than 45º and less than 90º | 5-10 | |||
|
less than 45º | 10-15 | |||
| Extension: | ||||
| -10 | ||||
| Move over 10th .. | 1-3 |
1-3 |
||
|
20-35 | 20-35 | |||
|
-traumatic arthrosis (refers to the femoro-tibial and femoro-patellar joints and includes the functional limitations and the pain). | 1-10 | |||
|
Inspecific post-traumatic Gonalgia/aggravation of a previous arthrosis. | 1-5 | |||
|
ligaments injuries: | ||||
|
ligaments (operated or not) with symptomatology. | 1-10 | |||
|
-ligaments (operated or not) with symptomatology. | 1-15 | |||
|
Sequels of meniscal lesions (operated or not operated) with symptomatology. |
1-5 | |||
| Knee Prothesis: | ||||
|
(including functional limitations). | 15-20 | |||
| Total knee (including functional limitations) | 20-25 | |||
| osteosynthesis material. | 1-5 | |||
| Rotula: | ||||
|
removal of the patelectomy: | ||||
|
(partial patelectomy). | 1-10 | |||
| Total (total patelectomy) | 15 | |||
|
inoperable. | 1-10 | |||
|
-traumatic Rotulian Condropathy | 1-5 | |||
| -3 | ||||
| -3 | ||||
|
unilateral Amputation | 55-60 | |||
| Bilateral Amputation. | 80-85 | |||
| Pseudoarthrosis: | ||||
|
infection | 25 | |||
| With Active Infection | 30 | |||
|
Consolidations in rotation and/or angulations: | ||||
|
1st to 10th .. | 1-5 | |||
| More than 10th. | 5-10 | |||
| Osteomyelitis of the tibia. | 20 | |||
|
osteosynthesis material. |
ankle | |||
| ankle |
amputation at the tibio-tarsian or tarso level: | |||
| -40 | ||||
|
| -70 | |||
|
12 | ||||
| non-functional position. | 12 |
| 12-20 | |
| Limitation (will be valued according to the arc of the possible movement): | ||||
|
1-7 | 1-7 | |||
|
dorsal (N: 25th) | 1-5 | |||
|
Instability of the ankle by ligamentous injury. | 1-7 | |||
|
Postcotton residual syndrome of ankle/foot. | 5-10 | |||
| 1-8 | ||||
| Agravation of a previous arthrosis | 1-5 | |||
|
osteosynthesis material. | ||||
| Pie | ||||
| Metatarsal and Tard Amputation: | ||||
|
| 15-30 | |||
|
Bilateral | 30-60 | |||
|
Triple arthrodesis/ankylosis | 10 | |||
|
Anylosis/arthrodesis subastragalin | 5-8 | |||
| Limitation: | ||||
| Investment (N: 30º). | ||||
| -3 | ||||
| Abduction (N: 25º) .. | 1-3 | |||
|
(N: 15th) | 1-3 | |||
|
subastragalin post-traumatic arthrosis. | 1-5 | |||
|
Inspecific post-traumatic thalalgia/metatarsalgia. | 1-5 | |||
|
Pseudoarthrosis astragalus inoperable. |
10-15 | |||
| Post-traumatic Deformities of the foot (valgo, varo, etc.) | 1-10 | |||
| osteosynthesis material. | ||||
| Dedos: | ||||
|
finger amputation. | ||||
| Amputation of other fingers (for each finger). | 3 | |||
|
finger phalanx amputation. | 3 | |||
| Second and third amputation of the rest of the fingers (for each finger) | 1 | |||
|
Limitation of the metatarso-phalangica joint: | ||||
|
finger . | 2 | |||
|
of the fingers .. | 1 | |||
|
| ||||
| 1 | 1 | |||
|
cord | ||||
|
Tetraplegia: | ||||
| Above C4 (no mobility. Subject to automatic respirator). | 100 | |||
| C5-C6 Tetraplegia (scapular waist mobility). | ||||
|
Tetraplegia C7-C8 (can use top members. Possible sedstation) .. | 90 | |||
|
Tetraparesia: | ||||
| Leve (as you have or -50 | ||||
|
(depending on whether or not it has an impact) | 60-70 | |||
|
Severe (depending on whether or not | 75-85 | |||
|
| Paraplegia: | |||
| D1-D5. |
85 | |||
| D6-D10 paraplegia. | 80 | |||
|
Paraplegia D11-L1. | 75 | |||
|
| 75 | |||
| Medular Hemissection Syndrome (Brown-Sequard): | ||||
| Leve. | 20-30 | |||
| Moderate | 30-50 | |||
|
50-70 | ||||
|
Queue Syndrome: | ||||
| Full Syndrome (includes motor, sensitive, and esfinterest disorders). | 50-55 | |||
|
Incomplete Syndrome (includes possible motor, sensory and esfinterest disorders): | ||||
| High (levels L1, L2, L3). | 35-45 | |||
|
(below L4 to S2) .. | 25-35 | |||
|
Low (below S2) .. | 15-20 | |||
| Top-member Monoparesia: | ||||
| Leve. | 15 -18 | |||
| Moderate | 18-21 | |||
|
Severe. |
21-25 | |||
|
| ||||
| Leve. | ||||
| Moderate | ||||
|
30 | 30 | |||
|
or lower: | ||||
|
. | 30-40 | |||
|
| Moderate | 50-55 | ||
|
Severe. |
| 60-65 | ||
| 5-25 | ||||
| -60 | ||||
| 40-60 |
40-60 | |||
| I. Olfactory nerve (see chapter 1). | ||||
|
II. Optical nerve (as visual defect). | ||||
| III. Common Eye Engine: | ||||
|
Paralysis (Diplopia, Paralytic Mydriasis that forces occlusion, ptosis) .. | 25 |
|||
|
Paresia (rate per diplopia). | ||||
|
IV. Internal or pathetic eye motor: | ||||
|
Paralysis: Lower Field Diplopia. | 10 | |||
| Paresia (value according to diplopia). | ||||
|
V. Trigeminal nerve: | ||||
| Dolores intermittent | 2-12 | |||
| Dolores | 15-30 | |||
| Suborbital Paralysis. Hico/anesthesia ophthalmic branch. | 5-10 | |||
|
Paralysis. Hypo/maxillary branch anesthesia. | 5-10 | |||
|
Lingual paralysis. Hypo/anesthesia-mandibular branch anesthesia. | 5-10 | |||
|
VI. External Eye Engine: | ||||
|
Paralysis. | 5 | |||
|
Paresia (as diplopia). | ||||
|
Nervium: | ||||
| Trunk: | ||||
|
| 20 | |||
| 5-15 | ||||
| 5-12 | ||||
|
Paresia | 2-5 | |||
|
| 2-5 | |||
| VIII Hearing Nervio (see chapter 1). | ||||
| IX. Glossoaryngeal nerve: | ||||
|
Paralysis (according to functional disorder) .. | 1-10 | |||
| Paresia (according to functional disorder). | 1-5 | |||
| Dolores. | 10-15 | |||
| X. Pneumogastric or vague nerve paralysis: | ||||
|
. | 1-5 | |||
|
. | 5-15 | |||
|
(value based on functional disorder) | 15-25 | |||
| XI. Spinal nerve. | 5-20 | |||
| hypoglous Nervio XII | 5-10 | |||
| 7-10 | ||||
| Bilateral Paralysis. | 20 | |||
| -7 | ||||
| CHAPTER 7. PERIPHERAL NERVOUS SYSTEM | ||||
|
Members | ||||
|
Paralysis: | ||||
| Nervio circumflex .. | 10-15 | |||
|
Nervio cutaneous muscle. | 10-12 | |||
| Subscapular Nervio | 6-10 | |||
| Medium: | ||||
|
arm level .. | 30-35 | |||
|
At the wrist-wrist level. | 10-15 | |||
| Nervio Cubital: | ||||
|
level .. | 25-30 | |||
|
the forearm-wrist level. | 10-15 | |||
| Nervio radio: | ||||
|
level .. | 25-30 | |||
| -25 | ||||
| Brachial plexus, C5-C6. | 45-55 | |||
| 30-45 | ||||
| Paresies: | ||||
| Nervio circumflex .. | 2-8 | |||
| 2-10 | ||||
|
Subscapular Nervio | 2-5 | |||
|
Midsize .. | 10-15 | |||
| Cubital Nervio. | 10-12 | |||
| Nervig. | 12-15 | |||
|
-5 | ||||
| 1-5 | ||||
|
| ||||
| Note: Common usage aceptions in Spanish are indicated in parentheses. | ||||
| Paralysis: | ||||
| femoral nerve (crural nerve). | ||||
| 4 | 4 | |||
| Nervio top buttock . | 4 | |||
| Nervio bottom buttock. | 6 | |||
|
| 40 | |||
|
Nervio common peroneum (outer popliteal sciatic nerve). | 18 | |||
|
Nervio peroneo surface (nerve skin muscle). | 3 | |||
|
Nervio peroneo deep (N. ) | 8 | |||
|
Nervio tibial (N. internal popliteal) | 22 | |||
| Paresies: | ||||
|
Femoral Nervio (nerve crural). | 6-12 | |||
|
Nervio. | 2-3 | |||
| Nervio top buttock. | 1-2 | |||
| Nervio lower buttock. | 2-3 | |||
|
sciatic Nervio (common sciatic nerve). | 12-18 | |||
| Nervio common peroneo (external propliteal sciatic nerve) .. | 7-12 | |||
| Nervius peroneum (cutaneous muscle nerve). | 1 | |||
| Nervio deep peroneo (N. previous tibial) | 2-4 | |||
|
Nervio tibial (N. internal popliteal) | 5-8 | |||
|
Neuralgies: | ||||
|
the sciatic nerve .. | 10-30 | |||
|
the femoral nerve. | 5-15 | |||
| 1-3 | ||||
|
CHAPTER 8. ENDOCRINE DISORDERS | ||||
|
will be valued based on the therapeutic needs and possible long-term complications. | ||||
| Previous pituitaria-hypothalamic Hypofunction (TSH and ACTH Deficit) .. | 10-20 | |||
| Neuropitosis injuries (diabetes insipidus) | 15-30 | |||
|
| ||||
|
| 1-6 | |||
|
| Moderate | |||
|
| ||||
|
|
19-24 | |||
|
enough | 25-30 | |||
|
| 31-50 |
Usage Rules:
1. Aesthetic damage consists of any pejorative modification that affects the image of the person; it constitutes a diverse dimension of the physiological damage that serves as a substrate; it refers to both its static and dynamic expression.
2. The physiological damage and the aesthetic damage are different harmful concepts. Where a permanent impairment of health implies, in turn, the existence of aesthetic damage, the score corresponding to one and the other must be set separately, without the weight of the physical consequence being assigned to the physiological sequel. Anti-aesthetic impact.
3. The physiological damage and the aesthetic damage must be assessed separately and, awarded the total score corresponding to each, the assessment to be carried out in accordance with Table III shall be carried out separately. amounts obtained for the purpose of integrating the amount of the basic compensation for permanent injuries.
4. The score awarded to the aesthetic damage is the expression of a percentage of permanent impairment of the aesthetic patrimony of the person. 50 points correspond to a percentage of 100 percent.
5. The aesthetic injury score must be performed by weighting their joint significance, without it being possible to attribute to each of their components a certain partial score.
6. The aesthetic damage is the existing one at the time of the production of the injured (lesional stabilization) healing, and it is compatible with the cost of the plastic surgery interventions for its correction. The impossibility of correction is a factor that intensifies the importance of injury.
7. The most important aesthetic disservice corresponds to a loss of enormous gravity, such as the one that produces the great burns, the great losses of substance and the great alterations of the facial or body morphology.
8. Neither the age nor the sex of the injured person shall be taken into account as parameters for measuring the intensity of the aesthetic damage.
9. The score awarded to the aesthetic damage does not include the weighting of the impact it has on the activities of the injured (professional and non-professional), whose specific injury is to be assessed through the correction of permanent disability.
TABLE A
Visual Acuity: Away Vision
|
|
| RIGHT eye | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
| AGUDEZA | 10/10 | 910 | 8/10 | 7/10 |
6/10 | 5/10 | 4/10 | 3/10 | 2/10 | 1/10 | 1/20 | Lower | Cguera | ||
|
| 10/10 | 0 | 0 | 0 | 1 | 2 | 3 | 4 | 7 | 12 | 16 | 20 | 23 | 25 | ||
| 9/10 | 0 | 0 | 0 | 2 | 3 | 4 | 5 | 8 | 14 | 18 | 21 | 24 | 25 | |||
| 0 | 0 | 3 | 4 | 5 | 6 | 9 | 15 | 20 | 23 | 25 | 28 | |||||
|
7/10 | 1 |
|
4 | 5 | 6 | 7 | 10 | 18 | 22 | 25 | 28 | 30 | ||||
| 2 | 3 | 4 | 5 | 6 | 7 | 9 | 12 | 18 | 25 | 29 | 35 | 35 | ||||
| 5/10 | 3 | 4 | 5 | 6 | 7 | 8 | 10 | 15 | 20 | 30 | 30 | 33 | 35 | 40 | ||
| 4/10 | 4 | 5 | 6 | 7 | 9 | 11 | 11 | 9 | 18 | 23 | 35 | 38 | 40 | 45 | ||
| 3/10 |
|
9 | 10 | 8 | 8 | 12 | 15 | 18 | 20 | 30 | 40 | 45 | 50 | 55 | ||
| 2/10 | 12 | 14 | 15 | 16 | 18 | 20 | 23 | 30 | 40 | 50 | 55 | 60 | ||||
| 16 | 18 | 20 | 22 | 25 | 30 | 35 | 40 | 50 | 65 | 68 | 70 | 78 | ||||
| 1/20 | 20 | 21 | 23 | 25 | 29 | 33 | 38 | 45 | 55 | 68 | 75 | 78 | 80 | |||
| to 1/20 | 23 | 24 | 25 | 28 |
32 | 35 | 40 | 50 | 60 | 70 | 78 |
80 | 82 | |||
| Cguera | 25 | 26 | 28 | 30 |
35 | 40 | 45 | 55 | 65 | 78 | 80 |
82 | 85 | |||
TABLE B
Visual Acuity: Close Vision
|
|
| RIGHT eye | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
| AGUDEZA | P1.5 | P2 | P3 | P4 |
P5 | P6 | P8 | P10 | P14 | P20 | P20 | 0 | |
|
| P1.5 | 0 | 0 | 2 | 3 | 6 | 8 | 10 | 13 | 16 | 20 | 23 | 25 | |
| 0 |
4 |
4 | 8 | 8 | 10 | 14 | 16 | 18 | 22 | 25 | 28 | |||
| P3 | 2 | 4 | 8 | 9 | 12 | 16 | 20 | 22 | 25 | 28 | 32 | |||
| P4 | 3 | 5 | 9 | 11 | 15 | 20 | 25 | 27 | 30 | 38 | 40 | 42 | ||
|
| 6 | 6 | 12 | 15 | 20 | 26 | 30 | 33 | 36 | 42 |
50 | 50 | ||
| 8 | 10 | 16 | 20 | 26 | 30 | 32 | 37 | 42 | 46 | 50 | ||||
| P8 | 10 | 14 | 20 | 25 | 32 | 32 | 40 | 46 | 52 | 58 | 62 | 65 | ||
| P10 | 13 | 16 | 22 | 27 | 33 | 37 | 46 | 50 | 58 | 64 | 67 | 70 | ||
| P14 | 16 | 18 | 25 | 30 | 36 | 42 | 52 | 58 | 65 | 70 | 72 | 76 | ||
| P20 | 20 | 22 | 28 | 36 | 42 | 46 | 58 | 64 | 70 | 75 | 78 | 80 | ||
| | 23 | 25 | 32 | 40 | 46 | 50 | 62 | 67 | 72 | 78 | 80 | 82 | ||
|
|
28 | 35 | 25 | 25 | 42 | 50 | 55 | 65 | 70 | 78 | 80 | 82 | 85 | |
TABLE C
Auditory acuity
|
| RIGHT EAR | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
| HIGH VOZ (meter distance) | ||||||||||
|
|
|
|
| 5 | 4 | 2 | 1 | Contact | No | ||
| HEADA CUBE (meter distance) | |||||||||||
|
|
|
| 0,80 | 0.50 | 0.25 | Contact | No | ||||
|
HEARING LOSS (in decibels) | |||||||||||
|
| 0 to 25 | 25 to 35 | 35 to 45 | 45 to 55 | 55 to 65 | 65 to 80 | 80 to 90 | ||||
| 0 to 25 | 0 | 2 | 4 |
|
10 | 12 | |||||
| 0,80 | 0,80 | 25 to 35 |
|
4 | 8 | 8 | 10 | 12 | 15 | ||
|
4 | 0.50 |
35 to 45 | 4 |
| 12 | 15 | 10 | 10 | 20 | 25 | |
| 0.25 | 45 to 55 | 6 | 8 | 12 | 15 | 20 | 25 | 25 | 30 | ||
| 1 | Contact | 55 to 65 | 8 | 10 | 15 | 20 | 30 | 40 | |||
| Contact | No | 65 to 80 | 10 | 12 | 20 |
25 | 35 | 45 | 55 | ||
| No |
| 80 to 90 | 12 | 15 |
25 | 30 | 40 | 55 | 70 | ||
