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Law 35/2015, Of September 22, Reforming The System For The Assessment Of Damages Caused To People In Traffic Accidents.

Original Language Title: Ley 35/2015, de 22 de septiembre, de reforma del sistema para la valoración de los daños y perjuicios causados a las personas en accidentes de circulación.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

It has been more than twenty years since the entry into force in 1995 of the System of Valuation of Damage and Damage caused to persons in road accidents, which we will refer to under the name of "Baremo", which is currently listed as an Annex in the recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004 of 29 October. During this time, the whole range of reforms which have been undertaken at Community level in relation to motor insurance, all aimed at increasing the protection of victims by guaranteeing sufficient compensation, justify the need to review the system in order to make the necessary modifications.

In Spain, once the successive Community directives have been transposed which seek to harmonise civil liability arising from road accidents and which set out the quantitative limits to be covered by insurance We continue to face a huge disparity in the amount of compensation when compared to other EU Member States, and it is clear that our country is behind the most advanced European countries in this area. material.

So there is no doubt that it is necessary to reform the current Baremo to fulfill its function in an effective manner, seeking a fair compensation for the damages suffered by the victims and their families as a result of a traffic accident. The principle of full compensation for damages caused is not effective in all its dimensions, causing unfair and sometimes dramatic situations, with an added loss of quality of life, when in addition, damage has already been suffered. physical, mental and moral, and that it imposes the duty on the legislator to find the ideal ways to guarantee the fulfillment of such an important principle.

It must be emphasized that the risks generated by human activity, the specific of the driving appears as one of the closest, of the most common, with which we all coexist, either generating it or suffering its consequences in the form of damage. For its frequency, this is a risk that has a huge impact on the social and economic reality of a country.

Hence the importance of a uniform interpretation of the rules of the system, which will provide certainty to the injured party and the insurance entities with respect to the viability of their respective claims, guaranteeing a equal response to identical situations, and to contribute decisively to the rapid settlement of conflicts and, in short, to the balance of resources and to the dynamisation of economic activity.

this end, the Ministries of Economy and Finance and Justice, together with representatives of the sectors concerned, decided to address the need for a systematic analysis of the reform of the legal system. value. From this first approach it was necessary to set up a work commission, composed of a small number of experts in the field and representatives of the sectors concerned, created by Order communicated from the Ministries of Economy and Hacienda (currently Economic and Competitiveness) and Justice of 12 July 2011.

Once expired on 31 July 2013, the mandate of the Committee of Experts, the Directorate-General for Insurance and Pension Funds deemed it necessary to set up a Working Group with the persons who were part of that Commission to complete the review tasks. The Working Group continued the task of drafting a full text proposal, together with the tables containing the compensation to be paid in the case of death, permanent injury (calls for proposals). (a) and temporary injuries resulting from road accidents, which have been the subject of a broad consensus.

The new Baremo is inspired and respects the basic principle of the compensation of bodily harm; its purpose is to achieve the total compensation of damages suffered to put the victim in a position the most similar to the one that would have had not occurred the accident. To this end, new damaged and new concepts are identified that are not collected in the current Baremo. The compensation for patrimonial damage (emergent damage and loss of profit) is systematized and endow with its own substance, which the current Baremo provides in a significantly simplistic and insufficient way. And it is brought up to date, by means of their increase, to the set of allowances, particularly by highlighting the cases of death-and in particular the death of the children of deceased victims-and of major injuries.

The reform finally implies a manifest improvement in the current system, both from the perspective of its legal consistency and its structure and, in general, from the amounts of compensation it incorporates; it also represents a significant progress in the compensation treatment of those harmed by road accidents and, in the terms in which it is formulated, substantially improves the legal system in force, so it can replace it in a more just and fair way.

For its part, the Congress of Deputies, on December 2, 2014, and through a non-law proposal, urged the government to present in the next session a bill to reform the valuation system for compensation for damages caused to victims in road accidents.

II

It has been chosen to reform the recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004 of 29 October, introducing the new system, avoiding its development in a different law that would lead to a clear regulatory dispersion of the matter.

Reasons of legislative technique advise to integrate into the articulated of the Law the provisions of normative character that establish the new rules of application of the Baremo, that they are completely removed from the classic content of a Annex. In turn, the Annex is the one that includes the new tables that quantify and modulate all new compensation concepts.

The Act consists of Preamble, a single article with nine paragraphs, three additional provisions, a transitional provision, a repeal provision, and five final provisions.

The main novelty is the introduction of a new Title IV in the Recast Text, consisting of 112 articles, grouped in two chapters. The first relates to general provisions and definitions and the second includes the rules for the assessment of bodily harm and, in its three sections, deals with, respectively, the compensation for the cause of death, for sequelae and for temporary injuries, which are recorded, respectively, in tables 1, 2 and 3.

In each of these cases, the "basic personal injury" (tables 1.A, 2.A and 3.A), the "special damages" (tables 1.B, 2.B and 3.B) and the so-called "property damage" (tables 1.C, 2.C and 3.C), which in turn is distinguished distinguishes between emerging damage and loss of profit. These tables are sometimes subdivided into other tables, such as 1.C. 1, relating to the compensation of the spouse of the loss-making victim, 1.C. 2, referred to the compensation of the children in the same case, or the 2 (sequelae) C (patrimonial damage) 3, relating to third-party relief payments.

III

One of the most important aspects of the reform is, without a doubt, the treatment of the property damage, as the third axis of the system totally separated from the extra-patrimonial damages. This treatment clarifies and regulates in detail the compensation items in terms of expenses and rationalizes the method of calculating the loss of profit.

In the case of death, a distinction is made between a "basic material injury", referring to general expenses, which will be those " reasonable expenses that cause death, such as displacement, maintenance, accommodation, and other analogues ", with a minimum amount of EUR 400, and specific costs, including the transfer of the deceased, repatriation, burial and funeral.

In the case of sequelae, it is established that the foreseeable costs of future health care, which are paid directly to the public health services, are eligible. They will be directly affected by the prostheses and orthotics, which now also include the expenses corresponding to the necessary repositions; those of home and outpatient rehabilitation; those related to the loss of autonomy personnel, such as those necessary for technical aids or support products, for housing adequacy or to compensate for the so-called "property damage due to increased mobility costs", which includes the current vehicle adequacy expense, but it goes further. Third-party aid expenditure, which is measured according to the number of hours of assistance required and which are the subject of detailed regulation, will also be resented.

Finally, in relation to temporary injuries, there is a distinction between "health care expenses" and other "miscellaneous expenses", which refer to all the necessary and reasonable expenses incurred by the injury in the the development of the essential activities of the ordinary life of the injured person and among which, by way of example, the increase of the costs of mobility of the injured person, the displacements of relatives to attend to him when his condition medical or personal situation so requires and, in general, the necessary expenses to remain looked after the injured or the minor or especially vulnerable relatives of those who took care of it. "

As regards loss of profit, the current system of the economic injury correction factor is exceeded, which systematically compensates for economic losses, whether or not they have been produced and, if they have been It uses the criterion of applying a certain percentage on the basis of basic personal injury. The reform establishes an actuarial model that is part of two factors, multiplying and multiplying, the product of which will determine the corresponding compensation.

Multiplying is made up of the deceased victim's net income. In default of income, the unpaid work of the dedication (exclusive, and sometimes even partial) to the tasks of the household and the loss of the capacity of work of those persons, as minors or students, that have not yet been access to the labour market; in such cases, rules are established to determine which multiplying would correspond and be able to compensate for the value of the corresponding losses.

The multiplier is a coefficient that is obtained for each injured person and that results from combining various factors, such as the duration of the injury, the risk of death of the injured person, the interest rate of discount or the deduction of public pensions.

In the area of non-property damage, perhaps the greatest novelty is in the restructuring of the basic personal injury to the compensation for the cause of death and its relationship to the particular damages, which are now expanded. Thus, in contrast to the current system, which sets up those injured in exclusionary groups, the reform sets out the injured in five autonomous categories and considers that they are always suffering from a resarcible loss of the same amount regardless of their independence. whether or not they compete with other categories of injured parties. In addition, the condition of the impaired tabular is supplemented by the notion of a functional or by analogy, which includes those persons who in fact and on an ongoing basis exercise the functions which, for non-compliance or non-existence, does not a person belonging to a particular category or who assumes their position. The extent of the status of impaired tabular is restricted when it is established that it can cease to be so when circumstances indicate the family disaffection or the absence of any personal or affective relationship that " assumes the non-detriment to redress ".

This uniform system, in which each injured person is granted an autonomous rate of compensation for his or her category, is particularised by the recognition of a set of "special damages", in particular those of 'single victim' or 'single victim' means the personal situation of the injured person or the special impact which the victim's situation has on him.

Single item. Amendment of the recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004 of 29 October.

The Recast Text of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by Royal Legislative Decree 8/2004 of 29 October, is amended as follows:

One. Article 1 is amended as follows:

" 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 to the exclusive fault of the injured person or to the greater force strange to the driving or the operation of the vehicle; no cases of force majeure shall be considered for the defects of the vehicle or for 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.

2. Without prejudice to the possibility of exclusive fault in accordance with paragraph 1, where the victim capable of civil fault only contributes to the production of the damage, all compensation shall be reduced, including those relating to the costs incurred In the case of death, sequelae and temporary injuries, up to a maximum of seventy-five per cent are involved in the case of death. It is understood that such a contribution exists if the victim, due to lack of use or improper use of belts, helmet or other protective elements, breaches the safety regulations and causes the damage to be aggravated.

In the case of sequels and temporary injuries, the sole or concurrent fault of non-driving victims of motor vehicles who are under fourteen years of age or who suffer physical, intellectual, sensory or organic impairment which deprives them of the capacity for civil fault, does not abolish or reduce the compensation and excludes the action of repetition against parents, guardians and other natural persons who, where appropriate, are required to respond to them lawfully. Such rules will not proceed if the minor or any of the persons mentioned have contributed dolously to the production of the damage.

The rules of the previous two paragraphs will also apply if the victim is in breach of his duty to mitigate the damage. The victim is in breach of this duty if he fails to carry out a generally enforceable conduct which, without any risk to his health or physical integrity, would have prevented the aggravation of the damage produced and, in particular, if he abandons the healing process is unjustified.

3. The non-conductive owner shall be liable for damage to persons and property caused by the driver when he is connected with the driver by any of the relations which govern Articles 1.903 of the Civil Code and 120.5 of the Penal Code. This responsibility will cease when the aforementioned owner proves that he employed all the diligence of a good parent to prevent harm.

The non-driving owner of a vehicle without the compulsory subscription insurance shall be liable to the driver of the vehicle for the damage to the persons and property of the vehicle, unless it proves that the vehicle is would have been subtracted.

4. Damages caused to persons as a result of bodily harm caused by acts of the circulation regulated in this Law, shall be quantified in any case according to the criteria of Title IV and within the limits compensation fixed in the Annex.

5. The compensation paid in accordance with paragraph 4 shall be regarded as compensation in the amount legally recognised for the purposes of Law 35/2006 of 28 November of the Income Tax Physical and partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage, as long as they are paid by an insurance institution as a result of the civil liability of their insured.

6. 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 as an instrument of the commission of criminal offences against persons and property shall not be considered to be facts of the circulation. '

Two. The first subparagraph of Article 4 (3) is amended, which is worded as follows:

" 3. The amount of compensation covered by the compulsory insurance in the damage caused to persons shall be determined in accordance with Article 1 (4) of this Law. "

Three. Article 7 is amended as follows:

" Article 7. Obligations of the insurer and the injured party.

1. The insurer, within the scope of compulsory insurance and under compulsory subscription insurance, shall satisfy the injured person the amount of the damage suffered in his or her property, as well as the costs and other damages to the person concerned. which is entitled under the applicable rules. 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 of this Law.

The injured party or its heirs will have direct action to require the insurer to satisfy the damages, which it will prescribe for the course of a year.

However, prior to the interposition of the court order, they must communicate the claim to the insurer, asking for the appropriate compensation. This extra-judicial complaint shall contain the identification and relevant data of those who or those who claim, a statement on the circumstances of the event, the identification of the vehicle and the driver who have intervened in the production of the same of being known, as well as how much medical or expert medical information or any other type have in its power that allows the quantification of the damage.

This claim will interrupt the computation of the limitation period from the moment when the insurer is present obliged to satisfy the amount of damages suffered to the injured person. Such interruption shall be extended to the actual notification to the injured party of the final reasoned offer or reply.

The information of interest contained in the crowded and reports of the Security Forces and Corps in charge of traffic surveillance that collect the circumstances of the accident may be facilitated by these at the request of the parties concerned, injured parties or insurance undertakings, except where the proceedings have been given to the competent judicial authority to know the facts, in which case they shall request such information from the court.

2. Within three months of receipt of the injured party's claim, whether personal injury or property damage, the insurer must submit a reasoned offer of compensation if the liability and liability of the insured person are quantified the damage, which meets the requirements of paragraph 3 of this Article. Otherwise, or if the complaint has been rejected, it shall give a reasoned reply that meets the requirements of paragraph 4 of this Article.

For these purposes, the insurer, at its expense, may request prior private expert reports, which it considers relevant, to be carried out by its own or concerted services, if it considers that the documentation provided for the injured is insufficient for the quantification of the damage.

Failure to comply with this obligation will constitute serious or minor administrative infringement.

A three-month period without a reasoned offer of compensation for an unjustifiable cause or the insurer being imputable to the insurer shall be payable, in accordance with the provisions of Article 3 (1) of the Regulation. Article 9 of this Law. These same late payment interest shall be payable in the event that, having been accepted the offer by the injured party, the injured party is not satisfied within five days, or the amount offered is not entered for payment.

The insurer must observe from the moment that it knows, by any means, the existence of the claim, a diligent conduct in the quantification of the damage and the liquidation of the compensation.

The provisions of this paragraph shall apply to accidents which may be compensated by the system of the national car insurance offices, in which case any reference to the insurer shall be understood as Spanish Office of Automobile Insurers (Ofesauto) and the correspondent entities authorized to represent foreign insurance entities.

3. To be valid for the purposes of this Act, the reasoned offer must meet the following requirements:

(a) Contain a proposal for compensation for damage to persons and property that may have been caused by the disaster. In the event of damage to persons and property, the assessment and the compensation offered for each other shall be shown separately.

(b) The damages caused to the persons shall be calculated according to the criteria and amounts that are set out in Title IV and the Annex to this Law.

(c) Contain, in a disaggregated and detailed manner, the documents, reports or any other information available for the assessment of the damage, including the final medical report, and shall identify those in which it has been reported. based on precisely quantifying the compensation offered, so that the injured party has the necessary evidence to decide whether to accept or reject it.

(d) It shall be stated that the payment of the amount offered is not conditional on the loss of the damage to the financial year of future actions in the event that the compensation received is less than that which it is entitled to reciprocate.

e) The quantity offered may be entered for payment. 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 opinion of the body (a) to ensure the immediate availability, where appropriate, of the quantity entered.

4. If the insurer does not make a reasoned offer of compensation, it shall provide a reasoned response to the following requirements:

(a) Give sufficient reply to the complaint made, indicating the reason for preventing the offer of compensation, either because the liability is not determined, or because it has not been quantified the damage or because there is some other cause justifying the rejection of the claim, which must be specified.

When that reason is dilation at the time of the impaired healing process and it is not possible to determine the full extent of the sequelae suffered because of the accident or because, for whatever reason, could not be Fully quantify the damage, the motivated response must include:

1. º The reference to the payments on account or partial advance payments on account of the final resulting compensation, taking into account the nature and entity of the damages.

2. The insurer's commitment to submit a reasoned offer of compensation as soon as the damages have been quantified and, up to that point, to report in a reasoned manner on the casualty situation every two months since the shipment. of the response.

(b) Contain, in a disaggregated and detailed manner, the documents, reports or any other information available, including the final medical report, that credit the insurance institution's reasons for not giving a motivated offer.

(c) It shall include a statement that it does not require acceptance or express rejection by the injured party, nor does it affect the exercise of any actions that may correspond to it to enforce its rights.

5. In the event of disconformity of the injured party with the reasoned offer, the parties, by common agreement and at the expense of the insurer, may request additional expert reports, including the Institute of Legal Medicine, provided that they have not intervened. previously.

This same application to the Institute of Legal Medicine may be performed by the injured person even if he does not have the agreement of the insurer, and with charge to the same. The Institute of Legal Medicine that is required to carry out the report will ask the insurer to provide the means of proof available to it, giving a copy of the expert report it issues to the parties.

The injured party may also request additional expert reports, without the need for agreement of the insurer, being the same, in this case, at their expense.

This request for additional expert intervention will require the insurer to make a new reasoned offer within one month of the delivery of the supplementary expert report, continuing to interrupt the deadline for prescription for the exercise of judicial proceedings. In any event, it shall resume from the fact that the injured party knew the insurer's refusal to request new reports.

6. The content of the reasoned offer and the reasoned response, as well as the questions relating to the procedure for the application, issue, deadline and referral for delivery of the report issued by the Institute of Medicine, may be specified. Legal corresponding. Similarly, such regulations will guarantee the specialization of Medical Physicians in the assessment of bodily harm through the relevant training activities.

7. In any event, the insurer must strengthen the civil liability and pay the pensions which the judicial authority requires of the alleged insured persons, in accordance with the provisions of Articles 764 and 765 of the Law of Criminal prosecution.

Provisional pensions shall be calculated in accordance with the limits set out in the Annex to this Act.

8. Once the reasoned offer or reply has been submitted, in the event of disconformity and save of the right provided for in paragraph 5 of this provision, or after the time limit for its issue, the injured party may be able to attend the mediation procedure. provided for in Article 14 to try to settle the dispute, or to go to the appropriate court for the claim of damages.

Not to be admissible, in accordance with article 403 of the Law of Civil Procedure, the lawsuits in which the documents that accredit the submission of the claim to the insurer and the offer are not accompanied motivated response, if issued by the insurer ".

Four. Article 9 (b) is amended as follows:

" (b) Where the damage caused to persons has been incurred by persons for more than three months or their exact valuation cannot be determined for the purposes of the submission of the reasoned offer referred to in point (a) of this Article, the court concerned, in the light of the circumstances of the case and of the opinions and reports which it requires, shall decide on the adequacy or extension of the quantity offered and entered by the insurer, on the basis of the criteria set out in Title IV and within the compensation limits set out in the Annex to this Law . No recourse shall be brought against the judicial decision to be taken. "

Five. Article 13 is amended as follows:

" Article 13. Proceedings in the criminal proceedings preparatory to the execution.

When in criminal proceedings, initiated in fact covered by the insurance of compulsory subscription civil liability in the movement of motor vehicles, recayera absolute judgment, if the injured person had not resigned The court or tribunal which it has known of the cause shall, at the request of a party, determine the maximum amount of the liquid to be claimed as compensation for the purposes of the civil action. the damage suffered by each injured person, covered by the insurance of the compulsory subscription and according to the valuation corresponding to the system of valuation of the Annex to this Law.

The same shall be done in the case of death in an accident of movement and shall be given a self determining the maximum amount to be claimed by each injured party, at the request of the injured party, when a decision is taken to put an end to it, or definitely, the criminal proceedings initiated, without a declaration of responsibility.

The order referred to shall be given in the light of the reasoned offer or the reasoned response of the insurer or the Insurance Compensation Consortium, and shall contain the description of the fact, the indication of the persons and vehicles which and the insurers of each of these.

In any event, before the order is issued, if the actions do not consist of a motivated offer or a reasoned response according to the requirements of this Law, the judge will summon the injured and possible perpetrators and their insurers, including, where applicable, the Insurance Compensation Consortium, to an appearance within five days, so that the reasoned offer or response can be provided, or the allegations deemed appropriate to be made.

If agreement is reached between the parties, the same will be approved by the judge with the effects of a court settlement.

If the agreement is not reached, a maximum amount of the order shall be issued within three days of the termination of the appearance and no appeal may be brought against it. "

Six. A new Article 14 is introduced, with the following content:

" Article 14. Mediation procedure in cases of controversy.

1. In the event of disagreement with the reasoned offer or response and, in general, in the cases of dispute, the parties may refer to the mediation procedure in accordance with the provisions of Law 5/2012 of 6 July on mediation in matters of Civil and commercial.

2. To this end, the injured party may request the initiation of a mediation within a maximum of two months from the moment he has received the reasoned offer or reply or the additional expert reports if they have been received. order.

3. They may exercise this form of professional mediation specialized in civil liability in the field of circulation and in the system of valuation provided for in this Law, which have the specific training to exercise mediation in this area. scope. The mediator, in addition to facilitating communication between the parties and ensuring that they have sufficient information and advice, will conduct active conduct in order to enable an agreement between them.

4. Upon receipt of the request for mediation, the mediator or the mediation institution shall cite the parties for the holding of the briefing. In particular, the mediator shall inform the parties that they are fully free to reach agreement and to withdraw the procedure at any time, and that the duration of the mediation may not exceed three months, that the agreement shall be without delay. they will eventually become binding and may urge their elevation to public writing in order to configure it as an executive title. "

Seven. A new Title IV is introduced with the following statement and content:

" TITLE IV

System for the assessment of damages caused to persons in road accidents

CHAPTER I

General criteria for determining compensation for bodily harm

Section 1. General Provisions

Article 32. Scope and scope.

This system is intended to assess all damages caused to persons as a result of bodily harm caused by acts of the circulation regulated in this Law.

Article 33. Fundamental principles of the valuation system.

1. Full repair of the damage and its vertebrate repair are the two fundamental principles of the system for the purpose of its assessment.

2. The principle of full reparation is intended to ensure the full compensation of the damages suffered. The compensation of this system takes into account any personal, family, social and economic circumstances of the victim, including those that affect the loss of income and loss or decrease in the ability to obtain earnings.

3. The principle of full reparation governs not only the consequences of the property damage but also the moral or extra-patrimonial consequences and implies in this case to compensate, by means of socially sufficient and reasonable amounts that respect the the dignity of the victims, all material damage according to their intensity.

4. The principle of vertebrate requires that property and non-heritage damage be assessed separately and, within each other, the various harmful concepts.

5. The purpose of the assessment of the damage is to be free in accordance with the rules and limits laid down in the system, and no compensation may be fixed for concepts or amounts other than those provided for in the system. However, the relevant damages, caused by singular circumstances and not contemplated according to the rules and limits of the system, are compensated as exceptional damages according to the rules established to the effect in the articles 77 and 112.

Article 34. Damage to assessment.

1. They give rise to compensation for death, sequelae and temporary injuries in accordance with the provisions of the following Articles and with the reflected, respectively, in Tables 1, 2 and 3 contained in the Annex to this Law.

2. Each of these tables separately includes the repair of basic personal injury (1.A, 2.A and 3.A), personal injury (1.B, 2.B and 3.B) and property damage (1.C, 2.C and 3.C).

Article 35. Application of the valuation system.

The correct application of the system requires the justification of the criteria used to quantify the compensation assigned according to its rules, with separate and individualized treatment of the different concepts and headings compensation for damages both out of property and property.

Article 36. Impaired subjects.

1. They have the condition of impaired subjects:

a) The victim of the accident.

(b) The categories of victims referred to in Article 62, in the event of the death of the victim.

2. For the purposes of this Law, it is considered that it is the same damage as that which the spouse widowed the surviving member of a couple in fact established by registration in a register or public document or who has lived a minimum a year immediately preceding the death or a lower period if you have a child in common.

3. Exceptionally, the families of deceased victims referred to in Article 62, as well as those of major injured persons, have the right to be compensated for the costs of medical and psychological treatment which they receive for a maximum of six months. the psychic alterations which, if any, caused them to be caused by the accident.

Article 37. Need for medical report and reciprocal collaboration duties.

1. The determination and measurement of sequelae and temporary injuries must be carried out by means of a medical report adjusted to the rules of this system.

2. The injured person must provide, from the production of the damage, the necessary collaboration to ensure that the medical services designated by the responsible officer recognize him and follow the evolutionary course of his injuries. Failure to comply with this duty constitutes a cause not attributable to the insurer for the purposes of Rule 8 of Article 20 of the Insurance Contract Act, relating to the accrual of delinquent interest.

3. The medical services shall provide both the insurer and the injured with the final medical report to assess the aftermath, the temporary injuries and all their personal consequences. For the purposes of Article 7 (3) (c) of this Law, the reasoned offer which does not attach such a report shall not be valid unless the report has been submitted in advance.

Article 38. Time of determination of the circumstances for the assessment of the damage.

1. For the purposes of the application of the provisions of this Law, and in the absence of a specific rule which provides otherwise, the moment of determination of the age of the victim and the injured, as well as of their personal circumstances, family and is the date of the accident.

2. The harmful concepts, the criteria for their determination and the other elements relevant to the application of the system, in the absence of a specific rule, are also those in force at the date of the accident.

Article 39. Age computation.

The age count is done from date to date, so the ages provided for in the provisions of this Law are reached after zero hours of the day in which the corresponding years are observed. The age ranges range from the starting age to zero hours of the day when the final age is met. The reference to someone having more than a certain number of years is understood to have reached that age.

Article 40. Time of determination of the amount of the compensation items.

1. The amount of the compensation items shall be that corresponding to the amounts of the valuation system in force at the date of the accident, with the update corresponding to the year in which the amount is determined by extra-judicial agreement or by judicial resolution.

2. In any event, this update will not proceed from the time the accrual of any moratory interest is initiated.

3. The rules of the two preceding paragraphs shall also affect the items of expenditure incurred, on the basis of the nominal satisfaction at the date of disbursement.

4. If payments are made to account, the amounts paid shall be updated in accordance with the rules laid down in the preceding paragraphs and deducted in that way from the overall amount.

Article 41. Compensation for life income.

1. At any time the parties may agree, at the request of any of them, the total or partial replacement of the compensation fixed in accordance with the system established in this Law for the formation of a life income in favour of the injured party.

2. In any event, the judge may, at least partially, agree to such a replacement in the case of compensation for damages suffered by minors or persons with a judicially modified capacity and considers it necessary to protect more effectively their interests.

Article 42. Calculation of lifetime income.

1. If the compensation is established in the form of a lifetime income, the amount of the allowance is calculated in such a way that it is equivalent to the capital of the compensation resulting from this system according to the technical table of actuarial coefficients for conversion between income and capital (TT1) included in the actuarial technical bases referred to in Article 48. This income shall be updated annually in accordance with the percentage of the pension revaluation index provided for in the General Budget Law of the State.

2. The annual lifetime income equivalent to the capital allowance is calculated by dividing it by an actuarial ratio which takes into account:

a) lifetime lifetime,

b) the risk of death of the injured or injured person, which is determined by the actuarial mortality tables used in this Law, and

c) the discount interest rate, which takes into account inflation.

3. The annual income may be divided into lower periods, divided in such a case for months or for the appropriate time period.

Article 43. Modification of the compensation fixed.

Once established, the indemnity may only be reviewed for the substantial alteration of the circumstances that determined its fixation or the occurrence of over-coming damage.

Article 44. Compensation for temporary injuries in the event of death of the injured person before compensation is fixed.

The compensation to be paid by the heirs of the injured person shall be determined according to the time from the accident to the stabilization of his injuries, or if any, until his death, if this is the case.

Article 45. Compensation for sequelae in the event of death of the injured person after stabilisation and before compensation is fixed.

In the case of injured with sequelae that fail after stabilization and before the compensation is fixed, their heirs receive the sum of the amounts resulting from the following rules:

a) For immediate damage, fifteen percent of the basic personal injury corresponding to the injured according to tables 2.A. 1 and 2.A. 2.

(b) The amounts corresponding to the remaining percentage of the basic personal injury and the application of tables 2.B and 2.C in respect of loss of profit, in proportion to the time since the date of the stabilisation until death, taking into account the life expectancy of the deceased on the date of stabilisation, in accordance with the technical table of life expectancy (TT2) included in the actuarial technical bases referred to in the Article 48.

For the purposes of this calculation it is considered that the life expectancy of victims over eighty years is always eight years.

Article 46. Compensation of expenses in the event of the death of the injured person before the compensation is fixed.

Compensation for compensation expenses includes exclusively those in which the date of death has been incurred.

Article 47. Compatibility of the compensation to the heirs with compensation to those injured by the death of the injured.

In the event that the death of the injured person has occurred because of the injuries suffered and before the compensation is fixed, the compensation corresponding to his heirs as provided for in the previous articles is compatible with the one that corresponds to those harmed by his death.

Article 48. Actuarial technical bases.

Actuarial technical bases, which contain the economic and financial assumptions of the calculation of actuarial coefficients, will be established by the Minister of Economy and Competitiveness.

Article 49. Updates.

1. From the year following the entry into force of this Law, the amounts and compensatory amounts fixed in it and in its tables are automatically updated with effect from 1 January of each year in the percentage of the revaluation index pensions provided for in the General Budget Law of the State.

2. However, the non-profit and third-party support tables, by their nature, are updated in accordance with the actuarial technical basis. In addition, the table of future health care expenditure is updated, where appropriate, in accordance with the provisions of the health conventions to be signed with the public health services as provided for in Article 114, and In view of the variation in costs incurred by health services.

3. The Directorate-General for Insurance and Pension Funds will make public by resolution the updated amounts of compensation to facilitate their knowledge and application.

Section 2

Article 50. Loss of personal autonomy.

For the purposes of this Law, the loss of personal autonomy consists in the physical, intellectual, sensory or organic impairment that prevents or limits the realization of the essential activities of ordinary life.

Article 51. Essential activities of ordinary life.

For the purposes of this Law, it is understood by essential activities of ordinary life to eat, drink, settle, dress, sit, get up and go to bed, control the sphincstake, move, perform domestic tasks, manage devices, decision making and other similar activities related to physical, intellectual, sensory or organic self-sufficiency.

Article 52. Great injured.

For the purposes of this Law it is understood by great injured who cannot carry out the essential activities of ordinary life or most of them.

Article 53. Loss of personal development.

For the purposes of this Law it is understood that the loss of personal development consists in the physical, intellectual, sensory or organic impairment that prevents or limits the performance of specific activities of personal development.

Article 54. Specific activities of personal development.

For the purposes of this Law, it is understood by activities of personal development those activities, such as those relating to enjoyment or pleasure, to the life of relation, to the sexual activity, to the leisure and the practice of sports, to the the development of a training and the performance of a profession or work, which are aimed at the realization of the person as an individual and as a member of society.

Article 55. Healthcare.

For the purposes of this Law, health care is understood to provide medical, hospital and pharmaceutical services, as well as the additional services required for the diagnosis or treatment of injuries. and the necessary transport to be able to provide assistance. Unless it is the subject of a specific compensation item, it is understood that it also includes the provision of rehabilitation services.

Article 56. Prosthesis.

For the purposes of this Law are prostheses medical devices, implantable or external, whose purpose is to completely or partially replace a body structure or to modify, correct or facilitate its physiological function.

Article 57. Orthosis.

For the purposes of this Law, non-implantable medical devices are orththeses that, individually adapted to the patient, are intended to modify the structural or functional conditions of the sensory, neuromuscular or skeleton.

Article 58. Technical aids and support products for personal autonomy.

For the purposes of this Law are technical aids and support products for personal autonomy for persons with disabilities the instruments, equipment or systems used by a person with disabilities, specially manufactured or available on the market, which enhance personal autonomy or which aim to prevent, compensate, control, mitigate or neutralize deficiencies, limitations in activity and restrictions in relation to life. They also include those that empower their personal autonomy.

Article 59. Technical means.

For the purposes of this Law, technical aids are the technical aids incorporated into a building.

Article 60. Family unit.

For the purposes of this Law, it is understood by family unit, in the case of a marriage or a couple in fact stable, that is composed of the spouses or members of the couple and, where appropriate, by the children, relatives and other relatives and relatives. who live with them. It is also a family unit that involves, at least, the coexistence of an ascendant with a descendant or between brothers.

CHAPTER II

Rules for the assessment of bodily harm

Section 1. Indemnities For Cause Of Death

Article 61. Assessment of compensation for the cause of death.

1. Death penalty payments are quantified in accordance with the provisions and rules set out in this Section and are reflected in the various paragraphs of Table 1 as Annex.

2. Table 1 contains three paragraphs to assess the harm of each of the injured:

a) Table 1.A establishes the amount of basic personal injury according to the criteria and rules of this system.

b) Table 1.B sets out the amounts of individual and exceptional personal injury according to the criteria and rules of this system.

c) Table 1.C sets out the amounts of property damage, distinguishing the categories of emerging damage and loss of profit, according to the criteria and rules of this system.

Subsection 1. ª Basic Personal Injury (Provisions relating to Table 1.A)

Article 62. Categories of harmed.

1. In case of death there are five autonomous categories of injured: the widowed spouse, the ascendants, the descendants, the brothers and the close ones.

2. It is the condition of the injured person who is included in any of those categories, unless circumstances involving the non-existence of the damage to redress are present.

3. It is also the condition of the injured person who, in fact and on an ongoing basis, performs the functions which, by default or non-existence, does not exercise the person belonging to a particular category or assumes his position.

Article 63. The spouse widowed.

1. The non-legally separated widowed spouse receives a fixed amount up to fifteen years of cohabitation, depending on the age bracket of the victim, and an increase for each additional year or fraction.

2. For the purposes of the calculation set out in the previous paragraph, if those who are a couple in fact stable contract marriage, the years of coexistence are in addition to those of marriage.

3. The separation of fact and the filing of the claim for nullity, separation or divorce will be equated to legal separation.

4. In the event of the presence of spouses or unmarried couples, in cases where the applicable law permits, the fixed amount provided for in paragraph 1 is distributed equally, and if there are additional increases, takes the largest increase and is distributed in proportion to the additional years of coexistence.

Article 64. The ascendants.

1. Each parent receives a fixed amount that varies depending on whether the deceased child was up to thirty years or more than thirty.

2. Each grandparent has the consideration of impaired in the case of premorience of the parent of his family branch and perceives a fixed amount regardless of the age of the deceased grandchild.

Article 65. The descendants.

1. A fixed amount is assigned to each child that varies according to their age, distinguishing, in attention to their different stages of maturity and development, the following four tranches:

a) up to fourteen years,

b) from fourteen to twenty years,

c) from twenty to thirty years and

d) after thirty years.

2. Grandchildren are considered to be harmed in the event of a parent's death that is the son of the deceased grandfather and they receive a fixed amount regardless of their age.

Article 66. The brothers.

1. Each sibling receives a fixed amount that varies depending on your age, as you are up to thirty years or more than thirty.

2. For these purposes, the simple link sibling is equated to the double bond.

Article 67. Those close to him.

1. Those persons who, without the condition of being harmed according to the above rules, have become familiar with the victim for a minimum of five years immediately prior to the death and are particularly close to the close to her in kinship or affectivity.

2. Each legacy perceives a fixed amount, whatever their age.

Subsection 2. St Personal Injury (Provisions relating to Table 1.B)

Article 68. Compensation for particular damage.

1. The particular damage suffered by each injured person is covered by the application of specific criteria which increase the basic compensation laid down in

1.A.

2. Particular harm is not mutually exclusive and, if there is a disadvantage, they are cumulative.

3. In the case of the close-up, the only particular damage to the property is, where appropriate, the physical, intellectual and sensory disability as provided for in the following Article.

Article 69. Particular damage by physical, intellectual or sensory impairment of the injured person.

1. The compensation for the particular damage caused by physical, intellectual or sensory impairment, prior to or as a result of the accident, is intended to compensate for the perceptible change which the death of the victim causes in the life of the impaired.

2. In order for this damage to be eligible, at least one degree of disability of thirty-three per cent is required, which is credited by administrative decision or any other means of proof admitted to law.

3. This damage will be compensated by an increase in the basic compensation corresponding to it, ranging from twenty-five to five per cent, in respect of the degree of disability, the intensity of the alteration and the age of the impaired.

Article 70. Particular injury to the victim's co-existence with the victim.

1. Co-existence with the victim constitutes a particular harm to all those injured, with the exception of the spouse and victims or those under the age of 30. In the case of excepted cases, this circumstance is already weighted in the compensation for basic personal injury.

2. When the injured person is the grandfather or the grandson of the victim and there is coexistence, the compensation for the basic personal injury that corresponds to them is increased by fifty percent.

3. In other cases, where the injured person is more than thirty years old and who lives with the victim, the difference between the compensation for basic personal injury provided for a victim of less than 30 years shall be reduced as a personal injury. years of its same category and the one that corresponds to it for the same concept.

Article 71. Particular injury to the single injured person in his category.

The condition of the single victim within each category, with the exception of the spouse, constitutes a particular injury which is caused by an increase of 25% of the compensation for personal injury. basic.

Article 72. Particular injury to the single family member.

The status of a single family member is a particular injury which is caused by an increase of 25% of the compensation for basic personal injury.

Article 73. Particular injury to the death of the single parent.

The death of the sole living parent of the injured party constitutes a particular prejudice to the loss of the basic personal injury compensation of the:

a) Fifty percent, in the case of children up to twenty years old.

b) Twenty-five percent, in the case of children over the age of twenty.

Article 74. Particular injury to the death of both parents in the same accident.

The death of both parents in the same accident constitutes a particular injury which is caused by an increase in compensation for basic personal injury by the death of each parent of:

a) Seventy percent, in the case of children up to twenty years old.

b) Thirty-five percent, in the case of children over the age of twenty.

Article 75. Particular injury to the death of the single child.

The death of the only child of the injured party constitutes a particular injury that is caused by an increase of twenty-five percent of the compensation for basic personal injury.

Article 76. Particular injury to the death of a pregnant victim with loss of foetus.

The death of a pregnant victim with a loss of unborn child as a result of the accident is a particular injury which is caused by a fixed amount which the spouse receives. This amount is higher if the loss of fetus occurs after twelve weeks of gestation.

Article 77. Exceptional injury.

The exceptional damages referred to in Article 33 are compensated, with criteria of proportionality, with a maximum limit of 25% increase in compensation for basic personal injury.

Subsection 3. Th estate injury (Provisions relating to Table 1.C)

Article 78. Basic asset injury.

1. Each injured person receives, without justification, a fixed amount for the amount fixed in Table 1.C, for reasonable expenses that cause death, such as displacement, maintenance, accommodation and other analogues.

2. If the amount of such expenses exceeds that set out in the previous paragraph, its compensation requires justification.

Article 79. Specific expenses.

In addition to those provided for in the previous article, the expenses for the transfer of the deceased, burial and funeral are paid according to the uses and customs of the place where the service is provided. The costs of repatriation of the deceased to the country of origin are also paid.

Article 80. Concept of loss of profit in the case of death.

In the case of death, the loss of profit consists of the net losses suffered by those who are economically dependent on the victim's income and who therefore have the condition of being harmed.

Article 81. Calculation of the loss of profit.

1. In order to calculate the loss of income of each injured person, the net income of the victim is multiplied by multiplying, by the actuarial coefficient, which, as a multiplier, corresponds to each injured person according to the rules established in the The following items.

2. Where the net income of the victim is between two levels of net income of Table 1.C, the loss of profit corresponding to the upper limit is allocated.

Article 82. People harmed.

1. For the purposes of this Law, the spouse and minor children are considered to be harmed and are presumed to be the same, unless otherwise tested by the children up to the age of thirty.

2. In all other cases, the condition of persons who are injured is only those listed in Article 62 who prove that they are economically dependent on the victim and the spouses who are separated or former spouses who are entitled to receive a compensatory pension. is extinguished by the death of the victim.

Article 83. Multiplying in the case of victims with personal or unemployment income.

1. In the case of victims with personal work income, multiplying consists of the deceased victim's credited net income received during the calendar year preceding the death or the average of those earned during the three years natural persons immediately prior to the accident, if they were superior, to be screened until the age of retirement and, from that date, in the estimated retirement pension. If the victim was retired, it consists of the net annual amount of the pension that he received at the time of his death.

2. If the victim has been in a situation of unemployment in any of the three years preceding the death, in order to calculate the income provided for in the preceding paragraph, account shall be taken of the unemployment benefits which he has received and, In the event of failure to receive them, an annual inter-professional minimum wage shall be counted as income.

Article 84. Multiplying in the case of victims with exclusive dedication to the household tasks of the family unit.

1. The unpaid work of the victim who did not obtain income because he was the person who contributed to the support of his family unit through the exclusive dedication to the tasks of the household is valued in the equivalent of a minimum wage annual interprofessional.

2. In family units of more than two persons the equivalence provided for in the preceding paragraph shall be increased by ten per cent of the annual inter-branch minimum wage for an additional injured minor, person with disability or greater than sixty-seven years living in the victim's family unit, without that additional increase being able to exceed the amount of another average annual interprofessional minimum wage.

Article 85. Multiplying in the case of victims with partial dedication to the household tasks of the family unit.

If the victim was welcome to a reduction in the working day to reconcile the paid work with the tasks of the household of his family unit, the amount to be collected will be one third of the one that is all transactions for the calculation of loss of profit with the multiplication of the preceding article, which shall be compatible with that which corresponds to the loss of profit in accordance with Article 83. The same criterion shall apply in all cases where it demonstrates that it performed part-time work for the same reasons.

Article 86. Multiplier.

1. The multiplier is the coefficient that is obtained for each injured person and that results from combining the following factors:

(a) the share of the injured party in accordance with the rules laid down in Article 87, in respect of the calculation of quotas,

(b) public pensions to which the injured person is entitled to the death of the victim,

c) the duration of their economic dependency,

d) the risk of their demise and

e) the discount interest rate, which takes into account inflation.

2. The factors mentioned are calculated according to the actuarial technical bases established in accordance with the provisions of Article 48.

3. For the purposes of determining the multiplier, other complementary factors which take into account other contingencies relating to the injured person and which serve the best individualisation of injury may be established.

Article 87. Variable relative to the share of the injured party.

1. The increase in the number of criteria laid down in Articles 83 to 85 is distributed among the injured, taking into account the fact that the victim used a part to cover his own needs (quota sibi), which is at least one of the ten percent.

2. The distribution criteria are as follows:

a) When there is a spouse or a single injured party, their share will be sixty percent.

b) Where there is more than one injured party, the spouse's share shall be sixty per cent, that of each child of thirty per cent and that of any other injured party of twenty per cent, including the separated spouse or the former spouse who is entitled to receive a compensatory pension which is extinguished by the death of the victim.

3. Where the sum of the shares of the injured is greater than 90%, they shall be redistributed in a proportional manner, resulting in the corresponding reduction of the compensation of each of them.

4. In the case of a single injured party referred to in paragraph 2 (a), the allowance corresponding to the 60% quota is calculated by multiplying by two the amount resulting from the corresponding table 1.C, in the case of a child, and by three in other cases.

Article 88. Variable relating to public pensions in favour of the injured party.

1. Public pensions to which those injured by the death of the victim, such as those of widowers or orphans, have the effect of reducing injury.

2. In any case, future public pensions to be taken into account for the calculation are estimated according to the actuarial technical basis.

3. The person injured by the death of a victim with income from personal work may prove that he is not entitled to a public pension or that he is entitled to a pension other than that provided for in the actuarial technical bases of the multiplier.

4. The victim who was injured by the death of a victim who had no income to devote himself exclusively to the tasks of the household of his family unit, although he does not receive public pensions, will be charged with the compensation for loss of income provided for in the 1.C tables for victims with income, if well increased by twenty-five per cent.

Article 89. Duration of the economic dependency variable.

1. The economic dependence of parents, grandparents, and persons with disabilities who determine whether they are economically dependent on the victim is life-life.

2. In other cases, the loss of profit is a temporary injury and is calculated over the period of time considered to have lasted the economic dependency situation in accordance with the rules of the following Articles.

Article 90. Duration of the economic dependence of the widowed spouse.

1. Where the injured spouse is the widowed spouse, it shall be considered that, if the death has not occurred, the marriage would have been for a minimum of 15 years.

2. If, at the time of death, the marriage has lasted more than 15 years, the marriage shall be deemed to have remained in the future for the same number of years.

Article 91. Duration of the economic dependence of children, grandchildren and siblings.

1. If the injured are children, grandchildren or siblings of the victim and credit economic dependence, it is considered that the victim would have been extended until the age of thirty years and always for a period of at least three years.

2. If, on the date of death of the victim, the injured person is over thirty years, it is considered that the dependency would have lasted for three years.

Article 92. Duration of dependency on others injured.

1. In the case of those close to accredited economic dependency, it is considered that the dependency would have lasted three years.

2. If the death causes the termination of the pension which the separated spouse or the former spouse was entitled to receive, his or her injury is determined in the amount corresponding to that pension for a maximum of three years.

Section 2. Allowances For Sequels

Article 93. Assessment of compensation for sequelae.

1. The following are the physical, intellectual, organic and sensory deficiencies and the aesthetic damages that result from an injury and remain after the healing process. The osteosynthesis material that remains at the end of this process has the sequel consideration.

2. Compensation for sequelae is quantified in accordance with the provisions and rules laid down in this Chapter and reflected in the various paragraphs of Table 2 as Annex.

3. Table 2.A contains three sections:

(a) Table 2.A establishes the amount of the basic personal injury according to the criteria and rules of this system.

(b) Table 2.B sets out the amount of personal and exceptional damages in accordance with the criteria and rules of this system.

c) Table 2.C establishes the amount of property damage, distinguishing the categories of emerging damage and loss of profit, in accordance with the criteria and rules of this system.

Article 94. Determination of the injured.

1. In the aftermath, the injured are injured.

2. Family members of large injured persons are also harmed, by way of exception, in the terms set out in Article 36.3.

Subsection 1. ª Basic Personal Injury (Provisions relating to Table 2.A)

Article 95. Determination of compensation for basic personal injury.

1. The economic assessment of the basic personal injury in case of sequelae is determined in accordance with the rules set out in

2.A.

2. The determination of the sequels and their severity and intensity is performed according to the medical scale contained in Table 2.A. 1.

3. The determination of the compensation for sequelae is carried out in accordance with the economic scale contained in Table 2.A. 2.

Article 96. The medical baremo.

1. The medical baremo contains the relationship of the sequelae that integrate the physical, organic and sensory injury permanent, with its classification, description and measurement, and also includes a special chapter dedicated to the aesthetic disservice.

2. The measurement of the psycho-physical, organic or sensory injury of the sequelae is performed by a percentage of impairment expressed in points, with a maximum of one hundred.

3. The measurement of the aesthetic injury of the sequels is carried out by a percentage of impairment expressed in points, with a maximum of fifty, corresponding to a percentage of one hundred percent.

Article 97. Rules for the application of psycho-physical, organic and sensory damage.

1. The score given to the psycho-physical, organic and sensory injury of each sequel, according to clinical criteria, takes into account its intensity and severity from the anatomical-functional point of view, without taking into account the age or sex of the injured, nor the impact of the sequel on its various activities.

2. Each sequel is awarded a fixed or corresponding score within a range with a minimum and maximum score.

3. A sequel should be assessed once, even if its symptomatology is described in several paragraphs of the medical scale, without prejudice to the aesthetic injury. The sequelae that are included or derived from others are not valued, even if they are described independently.

4. The score of one or more sequels of a joint, member, apparatus or system may not exceed that corresponding to the total, anatomical or functional loss of that joint, member, apparatus or system.

5. The sequels not included in any of the medical scale concepts are measured with analog criteria to those foreseen in the.

Article 98. Concurrent sequels.

1. In the case of concurrency of sequelae arising from the same accident, the final score of the psycho-physical injury is the result of applying the formula:

[[(100-M) x m]/100] + M

Where "M" is the major sequel score and "m" the minor sequel score.

2. From being the sequels more than two, for the use of the expressed formula is part of the higher scoring sequel and the operations are performed in reverse order to their importance. Successive calculations are performed with the indicated formula, corresponding to the term "M" to the score resulting from the immediately preceding operation.

3. If, when calculations are performed, decimal fractions are obtained, the result of each operation is rounded to the highest unit.

4. The final score obtained is taken to table 2.A. 2 to determine the economic value of the psycho-physical injury according to the age of the injured according to the provisions of Article 104.4.

Article 99. Inter- aggravating sequelae.

1. Inter- aggravating sequelae are the concurrent sequelae that, resulting from the same accident and affecting common functions, produce by their reciprocal influence a significant aggravation of each one.

2. The score awarded to the bilateral sequelae in Table 2.A. 1, includes the assessment of its inter- aggravating effect.

3. In the absence of this specific forecast, the score for the inter- aggravating sequelae will be assessed by increasing by 10% the score which results from the application of the formula provided for in Article 98, rounding up the highest unit and the limit of one hundred points.

Article 100. Prior state aggravating sequelae.

1. The sequel that aggravates a previous state and is already foreseen in the medical scale is measured with the score assigned specifically for it.

2. In the absence of such a forecast, the score is the result of applying the formula:

(M-m)/[1-(m/100)]

Where "M" is the score for the sequel in the current state and "m" is the score for the pre-existing sequel. If the result provides decimal fractions, it is rounded to the highest unit.

Article 101. Aesthetic damage to the sequels.

1. Aesthetic damage consists of any modification that makes the image of the person worse. It is a disservice to the psycho-physical that serves as a substrate and includes both the static and dynamic dimensions.

2. The aesthetic damage is the existing one to the completion of the healing process of the injured.

3. The impossibility of correcting aesthetic damage is a circumstance that increases its intensity.

4. The compensation of the aesthetic damage is compatible with that of the cost of the plastic surgery interventions necessary for its correction.

Article 102. Degrees of aesthetic damage.

1. The measurement of the aesthetic damage is done by assigning a score fork to each of the grades, taking into account, in particular, the following factors:

(a) the extent of the ordinary visibility of the injury,

b) the attraction to the gaze of others,

c) the emotional reaction it causes and

d) the possibility of an alteration in the interpersonal relationship of the injured person.

2. The degrees of aesthetic injury, ordered from greater to lesser, are as follows:

a) Important importance, which corresponds to an aesthetic disservice 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.

b) Very important, which corresponds to an aesthetic disservice of less entity than the previous one, such as the one that produces the amputation of two limbs or the tetraplegia.

c) Important, which corresponds to an aesthetic disservice of less entity than the previous one, such as the one that produces the amputation of some extremity or the paraplegia.

d) Medium, which corresponds to an aesthetic disservice of less entity than the previous one, such as the one that produces the amputation of more than one finger of the hands or feet, the relevant lameness or the scars especially visible in the area facial or extensive in other areas of the body.

e) Moderate, which corresponds to an aesthetic disservice of less entity than the previous one, such as the one that produces visible scars in the facial area, scars in other areas of the body, amputation of a finger of the hands or of the feet or the limp limp.

f) Light, which corresponds to an aesthetic disservice of less entity than the previous one, such as the one that produces the small scars located outside the facial area.

3. The aesthetic damage not mentioned in the different grades mentioned in the previous paragraph is included in the degree to which it corresponds to its entity, according to criteria of proportionality and analogy.

Article 103. Rules for the application of aesthetic injury.

1. If a psycho-physical, organic and permanent sensory damage involves, in turn, the existence of aesthetic damage, the score corresponding to one and the other is fixed separately, without that assigned to the psycho-physical, organic and sensory incorporates the weight of its antiaesthetic impact.

2. The aesthetic injury score is performed according to the special chapter of Table 2.A. 1 by means of their joint weighting, without attributing punctuation to each of its components.

3. Neither the age nor the sex of the injured person shall be taken into account to measure the intensity of the aesthetic damage.

4. The score awarded to the aesthetic injury does not include the weighting of its impact on the various activities of the injured person, whose specific injury is assessed through the particular loss of quality of life.

5. The established score is taken to table 2.A. 2, which sets the economic value of the aesthetic injury according to the age of the injured according to the provisions of Article 104.5.

Article 104. System of economic assessment of the sequelae.

1. The system of economic valuation of psycho-physical, organic and sensory damage with the ordinary moral damage inherent to it, and the aesthetic damage is contained in the economic scale of Table 2.A. 2, whose rows of punctuation and columns of age, respectively, express the extent and intensity of the injury and its duration.

2. This assessment is inversely proportional to the age of the injured and increases as the score increases.

3. The scoring rows are articulated from point to point from one to one hundred and the year-on-year age columns from zero to one hundred.

4. The amount of the psycho-physical, organic and sensory injury consists of the intersection of the corresponding row and column. This amount is the result of having multiplied the value of each point, depending on the age of the injured person, by the total number of points obtained according to the medical scale.

5. The amount of the aesthetic injury consists of the intersection of the corresponding row and column. This amount is the result of having multiplied the value of each point, depending on the age of the injured person, by the total number of points obtained according to the medical scale, taking into account the maximum of fifty points.

6. The basic compensation for sequelae, in its double psycho-physical, organic and sensory dimension, on the one hand, and aesthetic, on the other hand, is constituted by the amount that results from adding the amounts of the previous two paragraphs.

Subsection 2. St Personal Injury (Provisions relating to Table 2.B)

Article 105. Complementary moral damages for psycho-physical, organic and sensory damage.

1. Additional moral damage to psycho-physical, organic and sensory damage is understood when a single sequel reaches at least sixty points or the result of the concurrent, after applying the formula provided for in Article 98, at least 80 points. The bilateral sequelae listed in Table 2.A. 1 constitute a single sequel for the purposes of this Article.

2. The extent and intensity of the psycho-physical, organic and sensory injury and the age of the injured constitute the two fundamental parameters for their quantification, without taking into account the affectation in their activities. Also weighted, if any, the extraordinary pains and sequelae that have not been valued for having reached the score of one hundred.

3. This injury is quantified by an indemnity fork setting a minimum and a maximum expressed in euro.

Article 106. Complementary moral damages for aesthetic damage.

1. Additional moral damage is understood to be caused by aesthetic damage when the latter has received a score of at least thirty-six points.

2. The extent and intensity of the aesthetic damage and the age of the injured person constitute the two fundamental parameters for their quantification, without any consideration being given to the affectation in their activities.

3. This injury is quantified by an indemnity fork setting a minimum and a maximum expressed in euro.

Article 107. Moral injury due to loss of quality of life caused by sequelae.

The compensation for loss of quality of life is intended to compensate for the particular moral harm suffered by the victim due to the consequences that prevent or limit his personal autonomy to carry out the essential activities in the development of ordinary life or personal development through specific activities.

Article 108. Degrees of moral injury due to loss of quality of life.

1. Loss of quality of life may be very serious, severe, moderate or mild.

2. The very serious harm is the one in which the injured lose their personal autonomy to perform almost all of the essential activities in the development of ordinary life.

3. Serious injury is the one in which the injured loses his or her personal autonomy to perform some of the essential activities in the development of ordinary life or most of his specific activities of personal development. The moral detriment to the loss of any possibility of carrying out an employment or professional activity is also considered to be serious injury.

4. The moderate injury is the one in which the injured person loses the possibility of carrying out a relevant part of his or her specific personal development activities. The moral detriment to the loss of the work or professional activity that was being exercised is also considered to be moderate.

5. The slight injury is the one in which the injured with sequelae of more than six points loses the possibility of carrying out specific activities that have special importance in their personal development. The moral detriment to the limitation or partial loss of the work or professional activity that was being exercised is considered to be slight damage regardless of the number of points that are granted to the sequelae.

Article 109. Measurement of loss of quality of life.

1. Each of the grades of the injury is quantified by an indemnity fork setting a minimum and a maximum expressed in euro.

2. The parameters for determining the amount of the injury are the importance and number of the activities concerned and the age of the injured person expressing the foreseeable duration of the injury.

3. The maximum of the range corresponding to each degree of injury is greater than the minimum assigned to the injury of the highest degree of severity.

Article 110. Moral injury due to loss of quality of life for relatives of large injured persons.

1. The moral harm caused by loss of quality of life for relatives of the injured makes up for the substantial alteration in their lives caused by the provision of care and the continued attention of those injured when they have lost their autonomy. personnel to perform almost all essential activities in the development of ordinary life.

2. Exceptionally, this compensation also comes in the case of very serious sequelae which reach at least 80 points and where it is shown that the injured person requires the benefit referred to in the previous paragraph.

3. This damage is quantified by an indemnity fork which sets a minimum and a maximum expressed in euros and the parameters to be taken into account to fix their amount are the dedication that such care or family attention requires, the alteration in the life of the family member and the age of the injured person.

4. The legitimisation to claim compensation for this damage is attributed exclusively to the injured person, who will have to pay compensation to compensate for the damages suffered by the affected family members.

Article 111. Loss of fetus as a result of the accident.

1. The loss of a fetus as a result of the accident is a damage to a fixed amount. This amount is higher if the loss of fetus occurs after twelve weeks of gestation.

2. The compensation corresponds to the pregnant woman who suffers from the loss of the fetus, adding to it that, where appropriate, she receives from the injuries suffered.

Article 112. Exceptional injury.

The exceptional damages referred to in Article 33 are compensated by criteria of proportionality, with a maximum limit of 25% increase in compensation for basic personal injury.

Subsection 3. Th estate injury (Provisions relating to Table 2.C)

Article 113. Foreseeable future health care expenses.

1. The costs of future health care compensate, in respect of the sequelae referred to in paragraphs 2, 3 and 4 of this article, of the economic value of the health benefits in the hospital and outpatient setting that the injured person requires the form of life after the stabilization of the injuries and also those health benefits that occur in the home field which, due to their specialized character, cannot be provided with the help of the third person provided for in Articles 120 and following.

2. The costs of rehabilitation under hospital treatment will be covered in accordance with the rules of Article 114, while those for home and outpatient rehabilitation will be covered in accordance with Article 116.

3. The sequels which, in any case, result in compensation for future healthcare costs are:

a) Chronic living or vegetative coma states.

b) The neurological sequelae in their very severe and severe degrees.

c) Medular lesions equal to or greater than fifty points.

d) amputations or other sequelae that require the placement of prostheses.

4. The following shall be presumed, unless proof to the contrary, giving rise to compensation for future health care costs of the sequin which is equal to or greater than fifty points and the concurrent sequelae and interaggravations equal to or exceeding the eighty.

5. In sequels equal to or greater than thirty points and which by their nature may require periodic treatment, the predictability of such future expenses shall be demonstrated by medical expert proof.

6. The frequency and amount of future health care costs shall be credited by the relevant medical report in accordance with the stabilised effects of the injuries.

7. Expenditure which is not foreseeable in accordance with the above rules shall be eligible only in the cases provided for in Article 43 in respect of the modification of the compensation fixed.

Article 114. Compensation for future health care expenses in the hospital and outpatient settings.

1. The costs of future health care shall be paid by the insurance institutions to the public health services in accordance with the legislation in force and the agreements or agreements entered into, within the limits laid down in Table 2.C. 1 and the The injured person may receive health care benefits from public institutions or, from private health centers that have signed concerts with the public health services, also in accordance with the provisions of the legislation and conventions.

2. Insurance institutions and public health services may enter into specific agreements in order to facilitate the payment referred to in the previous paragraph and to guarantee the health benefits to the injured. Public services, in turn, will be able to arrange future health care with private centres that have the necessary and sufficient material and human resources to provide it.

3. The insurance institutions shall pay the public health services the costs to ensure future health care for life, even in the case of temporary or permanent transfer of residence or other assumptions which may result in a change of the assistance centre, within the framework of the benefits scheme provided for in Law 16/2003 of 28 May, on the cohesion and quality of the National Health System.

Article 115. Prostheses and orthotics.

1. The amount of the prostheses and orthotics is directly resented to the injured person, who, by the corresponding medical report, requires the injured person throughout his/her life.

2. The need, periodicity and value of future prostheses and orthesis expenses should be accredited by the appropriate medical report from the date of stabilisation of the sequelae.

3. The assessment shall take into account the type of the sequelae, the age of the injured person, the periodicity of the replacement of the prosthesis or orthosis according to their useful life and the cost thereof, taking into account the personal needs and circumstances of the injured.

4. The maximum amount of compensation is fixed in Table 2.C for this type of expenditure.

5. The amount of such expenditure may be compensated in the form of capital using the corresponding actuarial conversion factor established in the technical table for the capitalization of prostheses and orththeses (TT3) included in the technical bases actuarial actions referred to in Article 48.

Article 116. Home and outpatient rehabilitation.

1. The amount of the future rehabilitation costs which, by the relevant medical report, the injured person in the home or outpatient setting in respect of the sequelae referred to in points (a), (b) and (b), is directly covered by the injured person. (c) in Article 113 (3), after the stabilisation has taken place.

2. The need, periodicity and amount of future rehabilitation costs shall be credited by the relevant medical report from the date of stabilisation of the sequelae.

3. The maximum amount of compensation is fixed in Table 2.C for this type of expenditure.

4. The chronic vegetative state and tetraplegia equal to or above C4 will be compensated up to a maximum of thirteen thousand five hundred euros per year. Cases involving serious tetraparies, severe sequelae of language and severe neuropsychological disorders future rehabilitation costs will be compensated with a maximum of nine thousand five hundred euro per year. The rest of the cases will be compensated with a maximum of five thousand eight hundred and fifty euros per year.

5. The amount of such expenditure may be compensated in the form of capital using an actuarial conversion factor established in the technical table of actuarial coefficients for the conversion of income and capital (TT1) into technical bases actuarial actions referred to in Article 48.

Article 117. Technical aids or support products for personal autonomy.

1. The amount of technical aid and the support products for personal autonomy which, by the corresponding medical report, the injured person in the course of his or her life for loss of very serious personal autonomy, is directly damaged. or severe, with a maximum amount fixed in table 2.C for this expense type.

2. The need, frequency and amount of technical assistance and support products for personal autonomy shall be accredited by the relevant medical report from the date of stabilisation of the sequelae.

3. The assessment shall take into account the type of sequel, the age of the injured person, the periodicity of the renewal of the technical aids and the support products for personal autonomy according to their useful life and the cost thereof, taking into account the personal needs and circumstances of the injured person.

Article 118. Housing adequacy.

1. The amount of the housing adequacy works to the needs of the person suffering a loss of very serious or serious personal autonomy, including the technical means, with the maximum amount fixed in Table 2.C for this type of expenses.

2. If the housing adequacy is not possible and another suitable housing of similar characteristics should be acquired or leased, the difference in the value for sale or the capitalised income of both houses and the expenses that such an operation shall be generate up to the limit set in the previous paragraph. Similar characteristics refer to the location of the dwelling, its size and its constructive qualities.

Article 119. Loss of assets due to increased mobility costs.

The material injury resulting from the increase in the cost of mobility is reduced to the maximum amount fixed in Table 2.C for this type of expenditure, according to the following criteria:

a) Degree of loss of personal autonomy from the injured, depending on how it affects your mobility.

b) the possibility of adapting the vehicle used by the injured vehicle or, if this is not possible, the need for the purchase of a new vehicle adapted which, within the range of that type of vehicle, is certain proportion to the replaced vehicle. In case of replacement the venal value of the replaced vehicle shall be deducted.

c) The need for future adaptations according to the age of the injured person and the life of the adaptations or the vehicle which, for these purposes, is ten years.

(d) Sober of displacement of the injured person, in case of non-adaptation or non-acquisition of vehicle, when due to the loss of personal autonomy it has serious difficulties to use means of public transport to continue developing their usual activities.

Article 120. Concept of third-person help.

1. Compensation for third-party aid expenses compensates for the economic value of the non-sanitary benefits that the injured person requires when it results in sequelae involving a loss of personal autonomy.

2. The health benefits in the hospital, outpatient or home field, which may be specified by the injured person who, where appropriate, will be compensated for in a post-health care expenditure, do not have the consideration of third-person aid. stabilization of sequelae.

3. The economic value of the third-party aid is offset regardless of whether the benefits are paid or not.

Article 121. Need for third person help.

1. The need for third-person help is fixed in Table 2.C. 2 of Third Person Help when:

(a) the psycho-physical, organic or sensory damage of a sequel is equal to or greater than fifty points or the result of the concurrent sequelae, once the corresponding formula is applied, equal to or greater than eighty; or

(b) despite not reaching the score indicated in the previous paragraph, it is considered that such aid is necessary to be particularly affected by personal autonomy.

2. In the cases not provided for in the table, compensation may be paid only if a loss of personal autonomy similar to that produced by the sequelae provided for in the table is credited by medical proof.

Article 122. Replacement of the third-person aid compensation for the victim's health or social-health care.

1. If the victim is admitted on a permanent basis in a health or social health centre and the insurance undertaking assumes the appropriate care costs, the aid shall not be paid in addition to the third person.

2. If the victim is not admitted, he/she may agree with the insurance institution that, instead of the third-party payment allowance, the entity provides the service at his/her home for life.

Article 123. Determining the number of hours needed for third-person help.

1. The required third-person help hours are determined by applying the Third Person Help table 2.C. 2, which expresses the help in hours based on the sequel.

2. If there is more than one sequel that requires third-person help, the following rules apply:

a) For sequelae with the need for third-person help with a number of up to six hours, the total time required is obtained from adding to the corresponding hours to the greater than fifty percent of the the hours set in each of the other hours.

b) For sequelae with the need for third-person help with a number greater than six hours, the total time required is obtained from adding up to twenty-five percent of the sequelae. the hours set in each of the other hours.

3. In cases where there is a situation of need for third-person aid for a state prior to the accident that is aggravated, the number of hours of third-person aid results from the application of the formula (H-h)/[1-(h/100)], where 'H' is the the result of applying to the hours corresponding to all the sequelae as set out in paragraph 2 of this Article and 'h' the hours associated with the state prior to the accident. If the result provides decimal fractions, it is rounded to the highest time.

Article 124. Time of determination of the number of hours required and subsequent increment factors.

1. The determination of the number of hours needed for third-person help is carried out at the date of stabilization of the sequelae.

2. From the age of fifty years of the injured, there is an increase in the need for third-person support, depending on the age, which is valued according to the following increase corrective factors:

a) from fifty to sixty years, a corrective factor of 1.10 applies,

b) from sixty to seventy years, a corrective factor of 1.15 is applied and

c) a corrective factor of 1.30 is applied from seventy years.

Article 125. Determination of the compensation amount by multiplying and multiplying.

1. The amount of the compensation for the third person's aid is the amount in Table 2.C. 3 at the intersection of the row for the number of hours required and the age column for the corresponding age column.

2. This amount is obtained from multiplying the multiplication of the cost of the services by the coefficient of the multiplier.

3. By multiplying the cost of services, the economic cost of the necessary hours of third-person aid is calculated on an annual basis. The hourly price of these services is set at 1.3 times the hour of the annual inter-professional minimum wage.

4. The multiplier is the coefficient that for each injured person results from combining the following factors:

(a) public perceptions for third-party aid to which the injured person is entitled,

(b) the duration of the need for third-party assistance, established from the date of stabilisation of the aftermath to the death of the victim,

(c) the factors for the increase of the need for third-person support according to age, as provided for in Article 124,

d) the risk of death and

e) the discount interest rate, which takes into account inflation.

5. For the purposes of determining the multiplier, other complementary criteria may be laid down which take into account other contingencies relating to the injury and which serve the best individualisation of injury.

6. The public benefits for third-party aid to which the injured person is entitled are estimated according to the actuarial technical basis, but the perception of benefits other than those estimated can be credited.

Article 126. Concept of lost profit.

In the case of sequels, the loss of profit for personal work and, in particular, the injury suffered by the injured loss or net loss of income from the loss or loss of income your job.

Article 127. Calculation of the loss of profit.

1. In order to calculate the loss of income of the injured person, they multiply their net income or an estimate of the value of their dedication to the tasks of the household or their ability to obtain profits, as multiplied, by the actuarial coefficient that, as multiplier, corresponding to the rules set out in the following items.

2. Where the net income of the injured person is between two levels of net income provided for in the corresponding 2.C tables, the loss of profit corresponding to the upper limit is allocated.

Article 128. Revenue computation of the injured per personal work.

1. For the purpose of calculating the loss of earnings, account shall be taken of the loss of personal work income of the injured person corresponding to his degree of incapacity for work in accordance with the provisions of the Article. next.

2. The revenue to be taken into account for the purposes of calculating the loss of profit is those received during the year preceding the accident or the average of those obtained in the three years preceding the accident, if it is higher.

3. If the injured person was in a situation of unemployment at the time of the accident or had been in any of the three years preceding the accident, it shall also be used for the calculation of the revenue provided for in the preceding paragraph. unemployment benefits which it has received and, if not received, shall be counted as an annual interprofessional minimum wage. In any case, the minimum income that will always be taken into account will be an annual inter-professional minimum wage.

4. The initial date of the calculation is the stabilisation of the sequelae, except in the case of injured persons pending access to the labour market provided for in Article 130, which is computed from the age of thirty.

Article 129. Multiplying income by personal work.

The loss of injured personal work income based on the degree of disability is determined according to the following rules:

(a) In the cases where the injured person is incapacitated to carry out any type of work or professional activity, it is considered that the injury suffered by him is one hundred percent of his income.

(b) In the cases where the injured person is incapacitated to carry out his or her usual professional work or activity, it is considered that the injury suffered by him is fifty-five per cent of his income, up to the fifties and five years, and seventy-five percent, from this age.

(c) In cases where the consequences of the injured person partially diminish their income or their normal performance in the exercise of their usual professional work or activity, the person concerned is deemed to be The injury suffered is equivalent to the amount of the revenue corresponding to two annuities. It is presumed that the decrease is charged when it is equal to or greater than thirty-three percent of the income or normal performance for the usual job or professional activity.

Article 130. Injured persons pending access to the labour market under the age of 30.

The loss of the ability to obtain earnings from those injured under thirty years of age pending access to the labor market is determined according to the following rules:

a) Only account is taken of the loss of the ability to make gains on total and total incapacity assumptions.

b) The initial date of the computation shall be 30 years.

c) In the cases of absolute incapacity, it is computed as income no longer obtained, for the purposes of determining the multiplication, an annual and average interprofessional minimum wage.

d) In the total incapacity assumptions, it is computed as income no more than fifty-five percent of the amount indicated in the previous section. For these purposes, the inability to carry out a large quantity and variety of work activities is understood as a total incapacity.

e) The above amounts may be increased by up to twenty per cent if the injured person has a higher level of training.

Article 131. Multiplying in case of injured with dedication to household tasks of the family unit.

1. In the cases of absolute incapacity, in respect of the unpaid work of the injured person who did not obtain income because he was the person who contributed to the support of his family unit through the exclusive dedication to the tasks of the household, follow the following rules:

(a) This unpaid work is valued at the equivalent of an annual inter-professional minimum wage.

b) In family units of more than two persons, such equivalence is increased by ten percent of the annual interprofessional minimum wage for each person under age, with disabilities or over sixty-seven years of age. live with the injured person in the family unit, without this additional increase being able to exceed the amount of an annual and average interprofessional minimum wage.

2. In the case of total incapacity, it is calculated as income no more than fifty-five per cent of the amounts mentioned in the previous paragraph. For these purposes, the inability to carry out the fundamental tasks of the household is understood as a total inability, provided that it can perform other tasks.

3. If the injured person was receiving a reduction in the working day to reconcile the paid work with the household and family care tasks, the amount to be collected will be one third of the one that results from all the operations for the calculation of loss of profit by multiplying paragraph 1.

Article 132. Multiplier.

1. The multiplier is the coefficient that for each injured person results from combining the following factors:

(a) public pensions of absolute, total or partial permanent incapacity to which the injured person is entitled,

(b) the duration of the injury,

c) the risk of death depending on your degree of disability, and

d) the discount interest rate, which takes into account inflation.

2. The factors mentioned are calculated according to the actuarial technical bases established in accordance with the provisions of Article 48.

3. For the purposes of determining the multiplier, other complementary factors which take into account other contingencies relating to the injury and which serve the best individualisation of injury may be established.

4. Public pensions to which the injured person is entitled, such as those of permanent incapacity, absolute, total or partial, are the subject of an estimate, but the perception of pensions other than those estimated can be credited. In the case of major invalidity, only the party corresponding to the absolute permanent disability pension shall be counted on the multiplier.

5. The injured person who did not obtain income to devote himself exclusively to the tasks of the household of his family unit, although he does not receive public pensions, will be applied for the compensation for loss of profit foreseen in the tables 2.C for injured persons with revenue, if increased by twenty-five percent.

Article 133. Duration of injury.

1. In the case of total or total permanent incapacity, the duration of the injury ends at the age of retirement. If the injured had passed the retirement age at the time of the accident, but still had personal work income, the duration of the injury is two years.

2. In the case of partial permanent incapacity provided for in Article 129.c) the duration is two years.

Section 3. ª Temporary Injury Indemnities

Article 134. Assessment of compensation for temporary injuries.

1. It is temporary injuries that suffer from the injury from the moment of the accident to the end of its healing process or until the injury stabilization and its conversion into a sequel.

2. The compensation for temporary injuries is compatible with that which comes from sequelae or, where appropriate, by death and is quantified in accordance with the provisions and rules laid down in this Chapter and which are reflected in the various paragraphs of the Table 3 listed as Annex.

3. Table 3 contains three sections:

(a) Table 3.A establishes the amount of the basic personal injury according to the criteria and rules of this system.

(b) Table 3.B sets the amount of personal injury to individuals in accordance with the criteria and rules of this system.

c) Table 3.C establishes the amount of property damage, distinguishing the categories of emerging damage and loss of profit, according to the criteria and rules of this system.

Article 135. Compensation for minor injuries to the spine.

1. Minor cervical trauma diagnosed on the basis of the injury's manifestation of pain, and which are not subject to verification by complementary medical tests, are compensated as temporary injuries, provided that the nature of the harmful event may result in damage in accordance with the following generic causality criteria:

a) Exclusion, which is that it does not mediate another cause that fully justifies the pathology.

b) Chronological, which consists in the fact that the symptomatology appears in a medically explainable time. In particular, it is particularly relevant for the purposes of this criterion that symptoms have been manifested within seventy-two hours after the accident or that the injured person has been subject to medical attention within this period.

c) Topographic, which consists of a relationship between the body area affected by the accident and the injury suffered, unless a pathogenic explanation justifies the contrary.

d) of intensity, which consists in the adequacy between the injury suffered and the mechanism of its production, taking into account the intensity of the accident and the other variables that affect the probability of its existence.

2. The resulting sequel to minor cervical trauma is free only if a conclusive medical report credits its existence after the period of temporary injury.

3. The criteria set out in the preceding paragraphs shall apply to the other minor injuries of the vertebral column referred to in the medical sequelae.

Subsection 1. ª Basic Personal Injury (Provisions relating to Table 3.A)

Article 136. Determination of compensation for basic personal injury.

1. Basic personal injury to temporary injury is the common injury suffered from the date of the accident to the end of the healing process or to the stabilisation of the injury and its conversion into a sequel.

2. Your economic assessment is determined by the daily amount set out in Table 3.A.

Subsection 2. Special Personal Injury (Provisions relating to Table 3.B)

Article 137. Personal injury to temporary loss of quality of life.

The compensation for temporary loss of quality of life compensates for the particular moral harm suffered by the victim because of the impairment or limitation that the injuries suffered or her treatment produce in her autonomy or development personnel.

Article 138. Degrees of personal injury due to temporary loss of quality of life.

1. Damage to temporary loss of quality of life can be very severe, severe or moderate.

2. The very serious injury is the one in which the injured temporarily loses his personal autonomy to perform almost all of the essential activities of ordinary life. Admission to an intensive care unit is a loss of this degree.

3. The serious injury is the one in which the injured temporarily loses his or her personal autonomy to perform a relevant part of the essential activities of ordinary life or most of his specific activities of personal development. The hospital stay is a disservice to this degree.

4. The moderate injury is the one in which the injured temporarily loses the possibility of carrying out a relevant part of their specific personal development activities.

5. The psycho-physical impairment to carry out the work or professional activity is reconducted to one of the three preceding degrees.

6. The degrees of injury are mutually exclusive and applicable in the future. In any case, a single degree will be assigned to each day.

Article 139. Measurement of personal injury by temporary loss of quality of life.

1. The economic assessment of personal injury by temporary loss of quality of life is determined by the daily amount set out in Table 3.B for each of its grades.

2. The daily amount established for each of the grades already incorporates the amount of the basic personal injury.

Article 140. Particular personal injury caused by surgical interventions.

The particular personal injury suffered by the injured person for each surgical intervention to which it is submitted is free of a quantity between the minimum and the maximum laid down in Table 3.B, in respect of the characteristics of the operation, complexity of the surgical technique, and type of anesthesia.

Subsection 3. Th estate injury (Provisions relating to Table 3.C)

Article 141. Healthcare expenses.

1. The costs of health care and the amount of the prostheses, orthoses, technical aids and support products for personal autonomy that are required by the medical prescription until the end of the curative process are reviewed. stabilization of the injury and its conversion into a sequel, provided that they are duly justified and are medically reasonable in the light of the injury suffered and their circumstances.

2. Insurance institutions may pay health care costs directly to health centres and, where appropriate, the other expenditure referred to in the previous paragraph, by means of the signature of health agreements.

3. The costs of assistance are treated as those relating to the displacements which the injured make on the occasion of the health care of his/her temporary injuries.

Article 142. Miscellaneous expenses resarcibles.

1. Also the expenses that the injury produces in the development of the ordinary life of the injured until the end of the healing process or stabilization of the injury and its conversion in sequel, provided that they are justified and are reasonable in attention to your personal and family circumstances.

2. In particular, provided that the requirements of the previous paragraph are met, increases in the costs of mobility of the injured person, the movement of family members to attend to him when his medical condition or personal situation requires him to be and, in general, those necessary for the care of the child or the children's or especially vulnerable relatives of those who took care of them.

Article 143. Loss of earnings from temporary injuries.

1. In the case of temporary injuries, the loss or temporary loss of net income arising from the personal work of the injured person or, in the case of his or her exclusive dedication to the tasks of the household, in an estimate of the value of such dedication when they are unable to perform them. Compensation for loss or decrease in dedication to household tasks is incompatible with the compensation of expenses incurred for the replacement of such tasks.

2. The loss of variable net income shall be credited by reference to those received in similar periods of the year preceding the accident or to the average of those obtained in the three years immediately preceding it, if it is higher.

3. The amounts resulting from the application of the criteria laid down in the two preceding paragraphs are deducted from the public benefits which the injured person receives for the same concept.

4. The dedication to household tasks shall be measured in the daily amount of an annual interprofessional minimum wage up to the total maximum amount corresponding to a monthly allowance in the case of cure without sequelae or with equal sequelae. less than three points. In all other cases, the criteria laid down in Article 131 shall apply as regards multiplying applicable in such cases. "

Eight. A second paragraph is inserted in the second final provision with the following wording:

" 2. The Government is enabled to modify the amounts of the tables in the Annex by means of royal decree. "

Nine. The Annex to Royal Decree-Law 8/2004 of 29 October, approving the recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, is replaced by the Annex which is contained in this Law.

Additional disposition first. Evaluation System Monitoring Committee.

1. On the order of the Ministers of Justice and Economy and Competitiveness, on a proposal from the Directorate-General for Insurance and Pension Funds, a Commission for Monitoring the System of Valuation will be set up within the maximum period of one year from the the adoption of this Law, with the aim of analysing its implementation, its legal and economic implications and the system of updating Article 49 (1) contained in its single article. Seven. The composition of the Commission shall involve the associations of victims and the insurance institutions, with the same number of members among them.

2. In addition to the consultations and suggestions which it has drawn up since its establishment, the Commission shall, within a maximum of three years from the entry into force of this Law, issue a reasoned report including the analysis referred to in paragraph 1. previous and suggestions for system improvement.

3. In the light of that report, the Directorate-General for Insurance and Pension Funds shall, where appropriate, promote the changes it considers appropriate and the updating of the actuarial technical bases containing the assumptions. economic-financial and biometric calculation of the corresponding actuarial coefficients.

Additional provision second. Regulatory references.

The normative references referring to the valuation system included in the Annex to the Recast Text of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004, of 29 October, which is repealed, should be understood as the system for the assessment of damages caused to persons in road accidents included in this Law.

Additional provision third. Compensation for damages incurred in connection with the health activity.

The system of valuation regulated in this Law will serve as a reference for a future regulation of the compensation of damages incurred during the health activity.

Transitional disposition. Temporary application of the system.

1. The system for the assessment of the damage caused to persons in road accidents established by this Law shall apply only to road accidents occurring after its entry into force.

2. In order to assess the damage caused to persons in road accidents prior to the entry into force of this Law, the system set out in the Annex and in the text of the text shall apply. Recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004 of 29 October.

Repeal provision. Repeal of the system of valuation of Royal Legislative Decree 8/2004 of 29 October.

The system is repealed for the assessment of damages caused to persons in road accidents contained in the Annex to Royal Decree-Law 8/2004 of 29 October, approving the text Recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, their Anejo, and how many provisions are opposed to this Law.

Final disposition first. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Article 517 (2) of the Law on Civil Procedure is amended, which is worded as follows:

" 8. ° The order setting the maximum amount claimed in compensation, dictated in the cases provided for by the law in criminal proceedings initiated by facts covered by the Obligatory Insurance of Liability Civil arising from the use and movement of motor vehicles. '

Final disposition second. Amendment of Law 6/2014, of 7 April, amending the text of the Law on Traffic, Circulation of Vehicles to Motor and Road Safety, approved by the Royal Legislative Decree 339/1990, of March 2.

The additional provision of Law 6/2014 of 7 April 2014 amending the text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, approved by Royal Decree 339/1990, of 2 March, is worded as follows:

" Additional Disposition Second. Incorporation of Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on traffic offences in the field of road safety.

1. This provision lays down the procedure for the cross-border exchange of information on traffic offences where they are committed with a vehicle registered in a Member State of the European Union other than that in which the vehicle is registered. committed the violation.

The processing of personal data derived from the cross-border exchange of information shall be carried out in accordance with the provisions of the rules on the protection of personal data.

The cross-border exchange of information will take place on the following traffic violations:

a) Speed event.

b) Driving with alcohol rates in excess of the established regulations.

c) Non-use of the seat belt or other approved restraint systems.

d) Do not stop at a red light or at the place prescribed by the stop sign.

e) Circulation for a prohibited lane, improper circulation by the arcen or a lane reserved for certain users.

f) Driving with the presence of drugs in the body.

g) Non-use of the protective helmet.

h) Use of the mobile phone or any other communication device while driving when not permitted.

2. For the exchange of information, the national contact points of the Member States of the European Union may accede to the Register of Vehicles of the Autonomous Body of Traffic, in order to carry out the investigations. necessary to identify the drivers of vehicles registered in Spain with whom the offences referred to in the previous paragraph have been committed in the territory of those States.

The national contact point shall be the Central Autonomous Body of Traffic, which may, for the purpose provided for in this provision, access the relevant records of the other Member States of the Union. European.

The Autonomous Central Command of Traffic, as a national contact point, will have the following functions:

a) Power off data requests.

b) Ensure the proper functioning of the data collection and disposal system.

c) Ensuring the application of personal data protection regulations.

d) to collect as much information as the national contact points of the other Member States of the European Union.

e) To prepare the complete reports to be submitted to the Commission by 6 May 2016 and every two years from that date.

(f) Inform, in collaboration with other bodies with competence in the field of traffic, as well as with the organisations and associations linked to road safety and the motor vehicle, to the users of the public roads as provided for in the this provision through the website www.dgt.es.

In the full report referred to in point (e), the number of automated searches carried out by the Member State of the offence, intended for the contact point of the Member State of registration, shall be indicated as a result of offences committed on its territory, together with the type of infringements for which applications were lodged and the number of unsuccessful applications. It shall also include a description of the situation with regard to the monitoring of traffic offences in the field of road safety, on the basis of the proportion of such infringements which have led to letters of information.

the Autonomous Body Headquarters of Traffic shall make available to the national contact points of the other Member States the available data relating to vehicles registered in Spain, as well as those relating to the holders, regular drivers or long-term tenants listed in Annex II.

3. Unless it is established that the request for data is not in accordance with this provision, the autonomous agency shall provide the competent bodies with a view to penalising the data relating to the traffic in the field of traffic. owner or holder of the vehicle with which the offence was committed on national territory with a vehicle registered in another Member State of the European Union, as well as those relating to the vehicle which are available on the register corresponding to the State of registration, obtained from the search data referred to in the Annex I.

Data communications shall be conducted exclusively by electronic means, in accordance with the technical specifications established by the Autonomous Body of Central Traffic Management.

4. On the basis of the data provided by the Autonomous Body of Traffic, the bodies responsible for penalties in the field of trafficking may direct the alleged perpetrator of the infringement to a letter of information. For this purpose, they may use the model provided for in Annex III.

The information letter shall be sent to the alleged infringer in the language of the vehicle registration document if access to the vehicle is available, or in one of the official languages of the State of registration in another case.

The notification of such a letter must be made personally to the alleged offender.

5. In the case of sanctioning proceedings which are initiated as a result of the exchange of information provided for in this provision, documents which are notified to the alleged infringer shall be sent in the language of the vehicle registration document or in one of the official languages of the State of registration.

ANNEX I

Search data that can be accessed by the competent Spanish organs

1. Data relating to the vehicle:

-Number of tuition.

-Member State of registration.

2. Data relating to the infringement:

-Member State of the violation.

-Date of the violation.

-Time of the violation.

-Code of the type of violation that corresponds to the following table:

Code

Type of

Code 1

Code 2

Driving with higher alcohol rates than the rules set.

Code 3

No using the seat belt or other approved restraint systems

Code 4

Not stopping at a red light or at the site prescribed by the "stop" token

Code 5

Circulation by a prohibited lane, improper circulation by the arcen, or by a reserved lane for certain users

Code 10

Driving with drug presence in the organism.

Code 11

Not using the protection helmet.

Code 12

Using the mobile phone or any other communication device while driving when it is not allowed.

ANNEX II

Data to be provided by the Spanish competent bodies

1. Vehicle data:

-Number of tuition.

-Rack number.

-Member State of registration.

-Brand.

-Model.

-EU Category Code.

2. Data from holders, regular drivers or long-term tenants:

-Surname or social name.

-Name.

-Address.

-Date of birth.

-Sex.

-Legal personality, natural or legal person; private person, partnership, society, etc.

-Identifier number: Number of national identity card, foreign identification number, tax identification number of legal persons and entities without legal personality.

ANNEX III

Letter of Information

[Portada]

.........................................................................................................

[sender name, address, and phone]

.........................................................................................................

[Recipient Name and Address]

INFORMATION LETTER

Relating to a Road Safety Traffic Infraction committed at

.................................................................................................................

[Name of the Member State where the violation was committed]

[Page 2]

The ......................................................................................................

[Date] [Name of Responsible Body]

detected a traffic violation in road safety committed with the vehicle with registration ..........., mark ...................., model ............................

[Option 1] (1) Your name is listed in the records as the holder of the vehicle's circulation permit.

[Option No 2] (1) The holder of the vehicle's driving licence has stated that you were driving the vehicle at the time of the road safety traffic offence commission.

The relevant details of the breach are described below (page 3)

The amount of the financial penalty due for this infringement is ............... EUR/ [national currency].

Payment deadline expires on .......................................................

You are advised to fill in the attached reply form (page 4) and send it to the address mentioned, in case you do not pay the financial penalty.

This letter shall be processed in accordance with national law of ....................

[Name of the violation Member State].

(1) Strike out what does not apply.

[Page 3]

Relevant data regarding the violation

a) Data on the vehicle with which the offence was committed:

Number of registration number: ..............................................................................

Member State of registration: .............................................................

Brand and model: ....................................................................................

b) Data about the violation:

Place, date and time at which it was committed: ................................................................

Character and legal status of the infringement: ................................................

Speeding, non-use of the seat belt or other approved restraint systems, not stopping at a red light or at the place prescribed by the stop sign, driving with alcohol charges (a) higher than the prescribed regulations, driving with the presence of drugs in the body, non-use of the protection helmet, movement for a prohibited lane, improper circulation by the arcen or by a lane reserved for certain users, use of the mobile phone or any other communication device during driving when not allowed (1):

Detailed description of the violation: .......................................................

Reference to relevant legal provisions: ......................................

Description or reference of the evidence of the infringement: ................................

c) Data on the device used to detect the violation (2):

Type of device used to detect excessive speed, non-use of the seat belt or other approved restraint systems, non-stop at a red light or at the place prescribed by the signal "stop", driving with alcohol rates in excess of the regulations established, driving with the presence of drugs in the body, the non-use of the helmet of protection, circulation for a prohibited lane, improper circulation The use of the product is not limited to the use of the mobile phone or any other communication device while driving when not permitted (1):

Device specifications: ..............................................................

Device identification number: ...................................................

Last calibration due date: ............................................

d) Device application result:

.........................................................................................................

[Example for speeding; other violations will be added:]

Maximum speed: .....................

Measure speed: ......................

Measured rate corrected based on margin of error, if applicable: ............

(1) Strike out what does not apply.

(2) Not applicable if any device has not been used.

[Page 4]

Response Form (Fill in uppercase)

A. Driver identity:

Name and last name (s): ................................................................................

Place and date of birth: ......................................................................

Driving licence number: ....................... issued on (date) ........... in (place): .................................. Address: .........................................................

B. Questionnaire:

1. Is the vehicle of brand ..................................... and registration on your behalf ..........................? yes/no (1)

In case of a negative response, the holder of the movement permit is: ............... .....................................................................................................................................

[Last name (s) and name, address]

2. Do you acknowledge that you committed the infringement? yes/no (1)

3. If you do not recognize this, explain why:

..........................................................................................................

(1) Strike out what does not apply.

Please send the completed form within 60 days from the date of this letter of information to the following authority: ........................... to the following address: .........................................................

Information

This file shall be examined by the competent authority of .............................................................................................................................................

[Name of the violation Member State]

If the actions are suspended, you will be informed within 60 days of receipt of the response form.

If the actions are continued, the following procedure will apply: ..............................................................................................................................................

[Indication by the Member State of the infringement of the procedure followed, with information on the possibility of an appeal against the decision to continue the proceedings and the procedure to do so. In any event, the information shall include: the name and address of the authority responsible for pursuing the actions; the time limit for payment; the name and address of the relevant resource body; the time limit for the appeal

]

This information letter, in itself, has no legal consequences. "

Final disposition third. Competence title.

This law is dictated by the provisions of article 149.1.6. of the Spanish Constitution which attributes exclusive legislation in commercial matters to the State.

Final disposition fourth. Enabling the Government.

The Government is empowered to dictate how many provisions are necessary for the implementation and development of this Law.

Final disposition fifth. Entry into force.

This Act shall enter into force on 1 January 2016.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 22 September 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX

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