Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10197
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law:
Have passed over twenty years since the entry into force in 1995 of the valuation system damages caused to people in traffic accidents, which we will refer to the name of 'Scale', which appears currently as an Annex to the Consolidated Law on civil and liability insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/2004 of 29 October. During this time, the set of reforms at EU level have been undertaken in relation to motor insurance, aiming all of them to increase the protection of victims by ensuring adequate compensation, justify the desirability of revising the system in order to introduce the necessary amendments.
In Spain, once transposed Community directives intended to harmonize successive civil liability arising from traffic accidents and establish quantitative limits to be covered by compulsory insurance, we still find a huge disparity in the compensatory amounts to compared with other member countries of the European Union, it is evident that our country stands behind the most advanced European countries in this area.
So no doubt that it is necessary to reform the existing Baremo to fulfill its function effectively, seeking 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 is not effective in all its dimensions, leading to unfair situations and sometimes dramatic, with an added loss of quality of life, as well, has already suffered physical, psychological and moral damage and that the legislator imposes a duty to find the best ways to ensure compliance of this important principle.
Should be noted that the risks generated by human activity, specific driving appears as one of the closest, the most common, with which all coexist, either by generating or suffering the consequences in the form of damage. Its frequency, there 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 dowry of certainty the injured and insurers about the viability of their respective claims, ensuring an equal response to identical situations and to contribute decisively to the quick extrajudicial resolution of conflicts and, in short, the balance of resources and the revitalization of economic activity.
To this end, the Ministries of Finance and Justice, together with representatives of the sectors concerned, decided to address the need for a systematic analysis on the reform of evaluative legal system. In this first approach the desirability of establishing a working committee, composed of a small number of experts in the field and representatives of the sectors concerned, created by decree communicated to the Ministries of Economy and Finance (now of Economy and Competitiveness emerged ) and Justice of 12 July 2011.
Once expired, the 31 July 2013, the mandate of the Committee of Experts, the Direccion General de Seguros considered it necessary to establish a working group with people who were part of that committee to finalize the review tasks. The Working Group continued the task of drafting a proposal full text articles, together with the tables in which the compensation required to be paid in case of death, permanent injury (called sequelae) and temporary injuries resulting from contained traffic accidents, which has been the subject of a broad consensus.
The new scale is inspired and honors the principle of compensation for bodily injury; its purpose is to achieve total indemnity of damages suffered to put the victim in a position as close as possible to that of the accident would not have occurred. To this end, new compensatory harmed and new concepts that are not included in the scale in force also identified. Systematized and provided with proper nouns compensation for property damage (consequential damages and lost profits) that the current Baremo provides a significantly simplistic and insufficiently. And it is updated, by increasing the set of compensation, highlighting in particular those corresponding to cases of death-and, especially, the sons of deceased victims- and large injured.
The reform is finally a clear improvement of the current system, both from the perspective of legal consistency and structure, in general, of the compensatory amounts which incorporates; also a significant progress in resarcitorio of those affected by traffic accidents and treatment in the terms in which substantially improves the current legal system is formulated so it can replace a more just and thorough way.
For its part, the Congress of Deputies on 2 December 2014 and by a proposition of law, urged the Government to present at the next session a bill to reform the assessment system for compensation of damages caused to victims in traffic accidents.
Has been chosen to reform the revised text of the Law on civil liability and insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/2004, of October 29, introducing the new system, preventing its development a different law that would lead to a clear regulatory dispersion of matter.
legislative technical advise integrate into the articles of the Law normative provisions that establish new rules apply the scale, moving away completely from the classic content of an Annex. In turn, the Annex is the one that includes the new tables that quantify and modulate all new concepts compensable.
The Law consists of Preamble, a single article with nine points, three additional provisions, a transitional provision, a provision repealing and five final provisions.
The main novelty is the introduction of a new Title IV in the revised text, which consists of 112 articles divided into two chapters. The first relates to general provisions and definitions, and the second includes rules for the assessment of bodily injury and, in three sections, dealing, respectively, of compensation due to death, for sequels and temporary injuries, which reflected, respectively, in tables 1, 2 and 3.
In each of these cases we distinguish between the "core staff injury '(tables 1.A, 2nd and 3rd), the' special damage '(Tables 1.B, 2.B and 3. B) and the so-called "financial loss" (tables 1.C, 2.C and 3.C), which in turn distinguishes between damages and lost profits. These tables are sometimes subdivided into other tables, for example, 1.C.1 on the compensation of the spouse of the victim for loss of profits, the 1.C.2, referring to the compensation of the children in the same case, or two (sequels) C (property damage) 3 on compensation of third-party support.
One of the most important aspects of the reform is, undoubtedly, the treatment of property damage, as the third axis of the system completely separate the non-pecuniary damage. This treatment clarifies and regulates in detail the resarcitorias items in expenses and streamlines the method of calculating the loss of profits.
In the event of death distinguishes between a "basic financial loss', based on general expenses, which are those" reasonable expenses caused by the death, such as displacement, food, accommodation and other similar "with a minimum amount of 400 euros, and specific costs, including those of transport of the deceased, repatriation, burial and funeral.
In the case of sequels it states that the expected future costs of health care, which is paid directly to the public health services are compensable. It is compensated by directly harmed the prosthetics and orthotics, which now also include expenditures for the necessary replacements; the home and outpatient rehabilitation; those related to the loss of personnel, such as those required for technical assistance or support products for adapting housing or indemnifying autonomy called "financial loss by increasing mobility costs," which includes current spending adequacy vehicle, but it goes beyond that. also they are compensated by the injured party expenses third-party support, measured by the number of hours necessary assistance and are subject to detailed regulation.
Finally, in connection with temporary injuries, it distinguishes between "healthcare costs" and other "miscellaneous expenses compensable," which refer to those necessary and reasonable expenses generated by the injury in the development of essential activities of ordinary life of the injured and those who stand out, by way of example, "the increased costs of mobility injured, displacement of families to assist you when your medical condition or personal situation requires and, in general, remaining expenses necessary for injured or taken care of minors or particularly vulnerable families of those who took care ".
With regard to loss of earnings, the current system of correction factor is overcome by economic damages, which systematically compensating the alleged economic damage has occurred or not and, if that occurred, the criteria used to apply a certain percentage of core staff injury. The reform establishes an actuarial model of two factors, the multiplicand and the multiplier, the product will determine the appropriate compensation.
The multiplicand is constituted by the net income of the deceased victim. In the absence of income, unpaid work dedication (exclusive, and sometimes even partial) to housework and the loss of working capacity of those persons such as minors or students is valued, who they have not yet agreed the labor market; in these cases, they rule for determining which correspond multiplying power and thus compensate the value of the corresponding losses.
The multiplier is a coefficient is obtained for each injured person and resulting from combining various factors, including the duration of injury, the risk of death of the injured, the interest rate discount or deduction of public pensions.
In the field of non-pecuniary damage, perhaps the greatest novelty lies in the restructuring of key personnel injury in compensation due to death and their relationship with the particular harm, which is now extended. Thus, unlike the current system, which configures injured parties in exclusive groups, the reform sets injured in five autonomous categories and considers always suffer compensable injury and the same amount regardless of whether they attend or not with other categories of disadvantaged . In addition, the condition of tabular injured is completed with the notion of functional harmed or by analogy, which includes those persons who actually and continuously exert the functions for failure or absence does not exercise the person belonging to a particular category or they assume their position. The scope of the tabular damaged condition is restricted to be established that may cease to be when circumstances indicating family disaffection or non-existence of any personal or emotional relationship "involving the absence of prejudice to compensate."
This uniform system, in which each gets hurt independently the compensation corresponding to its category, is particularized by recognizing a set of "special damages", especially those of "handicapped only" or "only victim "they are referring to the personal situation of the injured or the particular impact that it has the situation of the victim.
Sole Article. Modification of the Consolidated Law on civil liability and insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/2004 of 29 October.
The Consolidated Law on civil liability and insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/2004, of October 29 is amended as follows:
One. Article 1 reads as follows modified:
"1. The motor vehicle driver is responsible, under the risk created by the conduct of these, for damage caused to persons or property on the occasion of circulation.
In the case of damage to people, this responsibility will only be exonerated if proves that the damage was due to the exclusive fault of the injured or force majeure strange to driving or vehicle operation; not be considered cases of force majeure vehicle defects or breakage or failure of any of its parts or mechanisms.
In the case of property damage, the driver liable to third parties when it is liable as set out in Articles 1,902 et seq of the Civil Code, Articles 109 and following of the Penal Code, and in accordance with this Act .
2. Notwithstanding that may exist solely at fault in accordance with paragraph 1, when the victim able to marital fault only contributes to the production of damage all claims will be reduced, including those relating to expenses incurred in cases of death, sequels and temporary injuries, in view of the contributory negligence to a maximum of seventy five percent. It is understood that that contribution if the victim, for lack of use or inappropriate use of belts, helmets or other protective elements, breach safety regulations and causes aggravation of the damage.
In the case of sequels and temporary injuries, exclusive or concurrent fault of victims nonconductive motor vehicles that are under fourteen or suffering physical, intellectual, sensory or organic impairment that deprives them of guilt capacity civil, does not eliminate or reduce compensation and recourse action against parents, guardians and other individuals who, if any, must answer for them legally excluded. Such rules will not proceed if the child or any of the persons mentioned have intentionally contributed to the production of the damage.
The rules of the previous two paragraphs shall also apply if the victim fails in its duty to mitigate the damage. The victim breach of this duty if it fails to carry out a generally enforceable conduct not entail any risk to their health or physical, would have prevented the aggravation of the damage occurred and, especially, if you leave unjustifiably the healing process.
3. The owner driver not liable for damage to people and property caused by the driver when it is linked to this for some of the articles governing relations 1,903 of the Civil Code and 120.5 of the Criminal Code. This responsibility shall cease when the owner mentioned proves that used all the diligence of a good father to prevent damage.
The owner no driver of a vehicle without mandatory insurance civilly liable with the driver thereof damage to people and property caused by him, unless he proves that the vehicle would have been stolen.
4. The damages caused to individuals as a result of bodily harm caused by acts of circulation regulated by this Act, they shall be quantified in any case under the criteria of Title IV and within the set compensation limits in the Annex.
5. Compensation paid under the provisions of paragraph 4 shall be considered compensation in the amount legally recognized, for the purposes of Law 35/2006 of November 28, the Income Tax of Individuals and modification part of the laws of the corporation Tax on non-Resident Income and Wealth Tax, as they are paid by an insurance company as a result of the civil liability of the insured.
6. Regulations, the concepts of motor vehicles and made the circulation, for the purposes of this Act. In any case be defined, shall not be considered facts from circulation arising from the use of the motor vehicle as a means of committing crimes intentional against persons and property. "
Two. the first paragraph of paragraph 3 of Article 4, which reads as follows modified:
'3. The amount of compensation covered by compulsory insurance for damage caused to individuals shall be determined in accordance with paragraph 4 of Article 1 of this Act. "
Three. Article 7, which reads as follows modified:
'Article 7. Obligations of the insurer and the injured.
1. The insurer, within the scope of compulsory insurance and under the mandatory insurance, must satisfy the injured party the amount of the damage to his person and his property, as well as expenses and other damages to which he is entitled under establishes the applicable regulations. Only it shall be exempt from this obligation if he proves that the act does not give rise to liability requirement under Article 1 of this Law.
The injured party or his heirs will have direct action to demand the insurer satisfaction such damage, which prescribe the course of a year.
However, prior to the filing of the lawsuit nature must report the accident to the insurer, asking the appropriate compensation. This court complaint contain the identification and the relevant person or persons claiming data, a statement about the circumstances of fact, the identification of the vehicle and the driver who had taken part in the production thereof to be known as well as how much care medical or expert or otherwise in their possession that allows the quantification of the damage.
This claim will interrupt the calculation of the limitation period from the time it is submitted to be obliged to pay the amount of damages the injured insurer. Such an interruption will last until the injured due notification of the offer or final reasoned response.
Interest information contained in police reports and reports of the Security Forces responsible for traffic monitoring to collect the circumstances of the accident may be provided by them at the request of the parties concerned, harmed or insurance companies, unless in the case where the proceedings have been delivered to the competent judicial authority to hear the facts, in which case they should request such information to it.
2. Within three months of receipt of the claim of the injured, whether it comes to personal injury and property, the insurer must make a reasoned offer of compensation if he understood accredited responsibility and quantified the damage, which meets the requirements paragraph 3 of this article. Otherwise, or if the claim had been rejected, it gives a reasoned response that meets the requirements of paragraph 4 of this article.
For this purpose, the insurer, at its expense, you can first obtain the private expert reports it deems appropriate, to be carried out by own or contracted services if it considers that the documentation provided by the injured is insufficient for quantification of damage .
The breach of this obligation shall constitute serious or minor administrative offense.
After expiry of the period of three months without having submitted a reasoned offer of compensation for an unjustified cause or that could be attributed to the insurer, default interest, in accordance with the provisions of Article 9 of this Act shall accrue . These same default interest will accrue in the event that the offer having been accepted by the injured party, it is not satisfied within five days, or not appropriated to pay the amount offered.
The insurer must observe from the moment you know, by any means, the existence of the claim, diligent conduct in quantifying the damage and the settlement of compensation.
The provisions of this paragraph shall apply to accidents which may be settled by the system of national offices automobile insurance, in which case all references to the insurer shall refer to the Spanish Automobile Insurers Bureau (Ofesauto ) and correspondents entities authorized to represent foreign insurers.
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 people and property that may have resulted from the accident. In the event of simultaneous damage to persons and goods appear separately valuation and compensation offered for each other.
B) Damages caused people be calculated according to the criteria and amounts set out in Title IV and the Schedule to this Act.
C) contain, on a disaggregated and detailed, documents, reports or other information that is available for the assessment of damages, including the final medical report, and identify those in which it is based to quantify precise offered compensation so that the injured have the evidence necessary to decide its acceptance or rejection.
D) shall be noted that payment of the amount offered is not conditioned to the waiver by the injured exercise of future action in the event that the compensation received is less than that in law may be available.
E) payment may be entered for the amount offered. The provision may be made in cash, through a joint and several guarantee of indefinite and payable duration first demand issued by a credit institution or mutual guarantee company or by any other means, according to the corresponding court, ensure the immediate availability on if any, of the appropriated amount.
4. In the event that the insurer does not make a reasoned offer of compensation, it should give a reasoned reply adjusted to the following requirements:
A) Will give sufficient response to the claim, including the reason that prevents making an offer of compensation, either because the responsibility is not determined, either because they were able to quantify the damage or because there is some other cause to justify the rejection of the complaint it must be specified.
When this reason is the expansion in time of healing the injured and not possible to determine the full extent of the consequences suffered because of the accident or because, for whatever reason, could not fully quantify the damage, reasoned reply shall include:
The reference to partial payments or prepayments on account of the final resulting compensation, based on the nature and entity of the damage.
2nd insurer's commitment to present reasoned offer of compensation as soon as they have quantified the damages and, so far, of a reasoned decision of the situation of the accident report every two months from the sending of the answer.
B) contain so broken down and detailed, documents, reports or other information that is available, including the final medical report proving the reasons for the insurer to not give a reasoned offer.
C) shall contain information that does not require acceptance or express rejection by the victim, or affect the exercise of any actions that may correspond to assert their rights.
5. In case of disagreement the injured with the reasoned offer, the parties, by mutual agreement and at the expense of the insurer, may request additional expert reports, including the Institute of Forensic Medicine had not previously provided intervened.
This same application to the Institute of Forensic Medicine may be made by the injured even without the agreement of the insurer, and under it. The Institute of Forensic Medicine to be made by the report will ask the insurer to provide the evidence, if available, delivering a copy of the expert report issued to the parties.
Also, the injured party may also request additional expert reports, without consent of the insurer, remain the same, in this case, at their expense.
This request for further expert intervention force the insurer to make a further reasoned within one month from the delivery of additional supply expert report, continuing interrupted the limitation period for the exercise of judicial actions. In any case, it will resume from the injured party knew the rejection of the request by the insurer to seek new reports.
6. You may statutorily specified the content of the reasoned offer and reasoned reply, as well as issues relating to the application procedure, issue, delivery term remission of the report issued by the Institute of Legal Medicine accordingly. Similarly, the legislation will ensure the specialization of Medical Examiners in the assessment of bodily harm through relevant training activities.
7. In any case, the insurer must strengthen the civil liability and pay the pensions by the judicial authorities demanded they be insured those allegedly responsible in accordance with the provisions in Articles 764 and 765 of the Criminal Procedure Act.
Provisional pensions are calculated in accordance with the limits set out in the Schedule to this Act.
8. Once submitted the offer or reasoned reply in case of disagreement and secure the right provided for in paragraph 5 of this provision, or after the deadline for issue, the injured party may well go to the mediation procedure provided for in Article 14 for try to resolve the dispute, or go to the appropriate legal channels for claiming damages corresponding.
Shall not be admissible in accordance with Article 403 of the Civil Procedure Act, lawsuits in which the documents certifying the presentation of the claim to the insurer and the offer or reasoned reply is not accompanied, if had issued by the insurer. "
Four. letter b) of Article 9, which shall read is amended as follows:
"B) When the damage caused to people had to be suffered by them for more than three months or their exact value could not be determined for the purposes of presentation of the reasoned offer that refers to the letter a) of this Article, the court appropriate, in view of the circumstances and the opinions and reports you need, decide on the sufficiency or expansion of the quantity and appropriated by the insurer, according to the criteria of Title IV and within the compensation limits set in the Annex to this Act. Against the court decision falls no appeal. "
Five. Article 13, which reads as follows modified:
"Article 13. Proceedings in the preparatory criminal process execution.
When in criminal proceedings, initiated by fact covered by liability insurance mandatory subscription circulation of motor vehicles, recayera acquittal, if the injured person has not renounced the civil action or exercise it had reserved for separately, the judge or court would hear the case issue an order, at the request of a party, in the maximum liquid amount that can be claimed as compensation for the damages suffered by each injured, covered by such insurance premium shall be determined compulsory and according to the assessment system applicable under valuation of the Annex to this Act.
Will proceed in the same way in cases of death in traffic accidents and car determine the maximum amount to be claimed for each injured party, at his request shall be made, when decision is reached to end, temporarily or permanently, the criminal proceedings, without a declaration of responsibility.
The self referral shall be made in view of the reasoned offer or reasoned insurer or the Insurance Compensation Consortium response, and include the description of fact, the names of persons and vehicles intervened and insurers of each of these.
In any case, before issuing the order, if no response has motivated or driven by the requirements of this Act offer in the proceedings, the judge will summon injured parties and possible perpetrators and their insurers, including, where appropriate, the Insurance Compensation Consortium, to a hearing within five days, so that supply can be provided or motivated, or made the allegations they deem appropriate response.
If agreement between the parties, it will be approved by the judge with the effects of a court settlement occurred at the hearing.
Not reached agreement, self maximum amount will be issued within three days after completion of the hearing and against it may no appeal. "
Six. A new Article 14 is inserted, with the following contents:
"Article 14. Mediation procedure in cases of dispute.
1. In case of disagreement with the offer or reasoned reply and in general, in cases of dispute, the parties may resort to mediation proceedings in accordance with the provisions of the Law 5/2012, of 6 July, mediation civil and commercial matters.
2. To this end, it will the injured who can request the initiation of mediation, within a maximum period of two months from the time it had received the offer or reasoned reply or additional expert reports if they had asked.
3. They may exercise this form of mediation professionals specialized in civil responsibility in the field of movement and the rating system provided in this Law, who have specific training to practice mediation in this area. The mediator also facilitate communication between the parties and ensure that they have the information and advice enough, will develop an active behavior designed to bring about an agreement between them.
4. Upon receipt of the request for mediation, the mediator or mediation institution shall summon the parties to hold the briefing. In particular, the mediator shall inform the parties that are fully free not reach or agreement and discontinue the proceedings at any time, and the duration of the mediation may not exceed three months, the deal that eventually reach shall be binding and may urge its notarially in order to set it up as an executive title. "
Seven. a new Title IV is inserted with the following wording and content:
System for the assessment of damages caused to people in traffic accidents
General criteria for the determination of compensation for bodily injury
SECTION 1. General Provisions
Article 32. Scope and scope.
This system is to assess all damage caused to individuals as a result of bodily harm caused by acts of circulation regulated by this Act.
Article 33. Basic principles of valuation system.
1. Full compensation for the damage and repair Vertebrate are the two fundamental principles of the system for the objectification of their valuation.
2. The principle of full reparation is intended to ensure full indemnity for damages and losses suffered. This compensation system take into account any personal, family, social and economic characteristics of the victim, including those involving the loss of income and loss or diminution of earning capacity.
3. The principle of full reparation governs not only the property consequences of bodily harm but also moral or pecuniary and involves in this case offset by socially adequate and reasonable amounts that respect the dignity of the victims, all relevant subject according to their intensity .
4. The principle of structuring required to be valued separately heritage and non-property damage and within each other, the various concepts harmful.
5. Objectification in assessing the damage supposed to be compensated according to the rules and limits established in the system, so it can not be fixed compensation for concepts or amounts other than those provided for therein. However, the relevant damage, caused by unique circumstances and not covered under the rules and system boundaries, as exceptional damages are compensated according to the rules established for that purpose in Articles 77 and 112.
Article 34. Damage being valued.
1. Result in death compensation, the aftermath and temporary injuries according to the provisions of the following articles and reflected, respectively, in Tables 1, 2 and 3 contained in the Annex to this Act.
2. Each of these tables includes separate so repair the basic personal damages (1.A, 2.A and 3.A), of particular personal injury (1.B, 2.B and 3.B) and damage to property (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 allowances granted by their rules, with separate and individualized treatment of the different concepts and compensation claims by both pecuniary items and property damage.
Article 36. Subjects
1. They have the status of injured subjects:
A) The victim of the accident.
B) The categories of disadvantaged referred to in Article 62, in case of death of the victim.
2. For the purposes of this Act, it is considered that suffers the same compensable damage spouse widower surviving member of a couple of stable de facto incorporated by entry in a register or public document or have lived at least one year immediately before death or a shorter period if you have a child in common.
3. Exceptionally, relatives of deceased victims mentioned in Article 62 as well as large disabled, are entitled to compensation for the costs of medical treatment and psychological receive for up to six months psychic disorders, if necessary , they caused the accident.
Article 37. Need for medical report and reciprocal duties of cooperation.
1. The identification and measurement of the consequences and temporary injuries must be performed by medical report adjusted to the rules of this system.
2. The injured should pay, from production of the damage, the collaboration necessary for medical services responsible designated account eventual recognize it and follow the evolutionary course of their injuries. The breach of this duty is not attributable to the insurer for the purposes of Rule 8 th article 20 of the Law of Insurance Contracts concerning the accrual of default interest entity.
3. Medical services provided by both the insurer and the injured the final medical report on which to assess the consequences, temporary injuries and all personal consequences. For the purposes of Article 7.3.c) of this Act, is void the reasoned offer you attach that report, unless it had been given previously.
Article 38. Moment of determining the circumstances for the assessment of damage.
1. For the purposes of applying the provisions of this Act, and in the absence of specific rule otherwise, the time for determining the age of the victim and injured, and their personal, family and work circumstances the date of the accident.
2. Compensable harmful concepts, the criteria for determination and other elements relevant to the application of the system in the absence of specific rule, are also in effect on the date of the accident.
Article 39. Calculation of age.
The computer age is made from date to date, so the ages under the provisions of this Act are reached past zero hours of the day that marks the corresponding years. Forks ages range from the initial age is reached to zero hours of the day when the final age is met. The reference to someone having more than a certain number of years means a reference to it has reached that age.
Article 40. Moment of determining the amount of the resarcitorias items.
1. The amount of the resarcitorias items will correspond to the amounts system prevailing at the date of the accident assessment, with the corresponding update per year in the amount determined by settlement or by court order.
2. In any case, this update will not proceed from the time the accrual of any default interest begins.
3. The rules of the two preceding paragraphs also affect the items of expenditure incurred, based on the nominal satisfied on the date of disbursement.
4. If prepayments are made, the amounts paid will be updated in accordance with the rules laid down in the preceding paragraphs and deducted thus the overall amount.
Article 41. Indemnification by annuity.
1. At any time the parties may agree or the judge agreed, at the request of either the total or partial replacement of the fixed compensation in accordance with the system established by this Act for the establishment of an annuity in favor of the injured.
2. In any case, the judge may agree to trade such substitution, at least partially, in the case of compensation for the losses suffered by minors or persons with ability and judicially modified deems necessary to protect their interests more effectively.
Article 42. Calculation of the annuity.
1. If the compensation is set in the form of annuity, the amount is calculated to be equivalent to capital compensation resulting from this system according to the technical table of actuarial conversion coefficients between income and capital (TT1) included in actuarial technical basis to Article 48. This income will be updated annually according to the percentage rate of pension increases provided for in the Act State Budget is concerned.
2. The annual annuity equivalent to compensation in capital is calculated by dividing by an actuarial coefficient which takes into account:
A) the lifetime duration
B) the risk of death of the injured or injured, which is determined by the actuarial mortality tables used in this Act, and
C) the interest rate discount, which takes into account inflation.
3. The annual income can be split into shorter periods, divided in this case for months or for the time period concerned.
Article 43. Modification of the fixed compensation.
Once established, compensation may be revised only by the substantial change in the circumstances which determined its fixation or the emergence of supervening damage.
Article 44. Compensation for temporary injuries in case of death of the injured before settling compensation.
The compensation they should receive the heirs of the injured will be set according to the time elapsed since the accident until the stabilization of their injuries time, or if necessary, until death, whichever is earlier.
Article 45. Compensation for consequences in case of death of the injured after stabilization and before settling compensation.
In the case of injuries with sequelae dying after stabilization and before settling compensation, their heirs receive the sum of the amounts resulting from the following rules:
A) For immediate damage, fifteen percent of core staff corresponding to prejudice injured according to Tables 2.A.1 and 2.A.2.
B) The amounts corresponding to the remaining percentage of core staff injury and application of 2.B and 2.C tables with regard to loss of earnings in proportion to elapsed from the date of stabilization time until death taking into account the life expectancy of the deceased at the time of stabilization, according to the technical life expectancy table (TT2) included in the actuarial technical bases to which Article 48 refers
For the purposes of this calculation it is considered that the life expectancy of victims of more than eighty years is always eight years.
Article 46. Compensation expenses in case of death of the injured before settling compensation.
Compensation for compensable expenses includes only those in which incurred up to the date of death.
Article 47. Compatibility of compensation to the heirs with compensation to those affected by the death of the injured.
In the event of the death of the injured has occurred because of injuries suffered before settling compensation, compensation due to their heirs as provided in the preceding articles is compatible with corresponding to the hurt by his death.
Article 48. Bases actuarial techniques.
The actuarial technical basis, containing economic, financial and biometric assumptions for calculating the actuarial coefficients shall be established by the Minister of Economy and Competitiveness.
Article 49. Updates.
1. From the year following the entry into force of this Act, the amounts and set her compensation limits and their tables are automatically updated with effect from 1 January each year on the percentage of rate pension increases expected in the Law on State Budget.
2. However, tables of loss and profit third-party support, by their nature, are updated according to actuarial technical basis. Also Table spending future health care is updated, if necessary, in accordance with what is established in the health agreements signed with public health services as provided in Article 114, and taking into account the variation of the costs incurred by health services.
3. The Direccion General de Seguros made public by resolution the compensatory amounts updated to facilitate knowledge and application.
Definitions Section 2
Article 50. Loss of personal autonomy.
For the purposes of this Act the loss of personal autonomy is the physical, intellectual, sensory or organic impairment that prevents or limits the performance of the essential activities of daily life.
Article 51. Key activities of ordinary life.
For the purposes of this Act means essential activities of daily life eating, drinking, toileting, dressing, sit, stand and lie down, control his bowels, move, doing chores, manage devices, make decisions and perform other activities similar concerning physical, intellectual, sensory or organic self-sufficiency.
Article 52. Gran injured.
For the purposes of this Act means great injured who can not perform the essential activities of daily life or most of them.
Article 53. Loss of personal development.
For the purpose of this Act is understood that the loss of personal development is the physical, intellectual, sensory or organic impairment that prevents or limits the performance of specific activities for personal development.
Article 54. Specific activities for personal development.
For the purposes of this Act means personal development activities those activities, such as those relating to the enjoyment or pleasure, life, relationship, sexual activity, leisure and sporting activities, the development of a training and performance of a profession or work aimed at making the person as an individual and as a member of society.
Article 55. Healthcare.
For the purposes of this Act means the provision of health care medical, hospital, pharmacy services, as well as additional services required for the diagnosis or treatment of injuries and the need to provide transportation assistance. Unless it is the subject of a specific heading for damages, it is understood that also includes the provision of rehabilitation services.
Article 56. Prosthesis.
For the purposes of this Act are medical prostheses, implantable or external products whose purpose is totally or partially substitute a body structure or modify, amend or facilitate their physiological function.
Article 57. Bracing.
For the purposes of this Act are non-orthotic implantable medical devices that individually tailored to the patient, they are intended to modify the structural or functional conditions of the sensory system, neuromuscular or skeletal.
Article 58. Technical assistance and support products for personal autonomy.
For the purposes of this Act are technical aids and assistive products for personal autonomy for people with disabilities instruments, equipment or used by a disabled person, especially produced or commercially available systems that enhance personal autonomy or that they aim to prevent, compensate, control, mitigate or neutralize impairments, activity limitations and restrictions on social life. also they include those that enhance their personal autonomy.
Article 59. Technical means.
For the purposes of this Act are technical means technical aids incorporated in a building.
Article 60. Family unity.
For the purposes of this Act means family unit, if stable marriage or domestic partnership fact, composed of the spouses or partners and, where appropriate, for the children, parents and other relatives and friends They are living with them. It is also family unit which may lead, at least, the coexistence of an ancestor with a descendant or sibling.
Rules for valuation of bodily harm
Section 1 cause of death Severance
Article 61. Rating severance cause of death.
1. Severance cause of death was quantified in accordance with the provisions and rules set out in this Section and are reflected in the different sections of table 1 annexed.
2. Table 1 contains three sections to assess the damage of each affected:
A) Table 1.A sets the amount of core staff prejudice accordance with the criteria and rules of this system.
B) Table 1.B establishes the amounts of the special and exceptional personal injury in accordance with the criteria and rules of this system.
C) Table 1.C sets the amounts of damage to property, distinguishing the categories of damages and lost profits, according to the criteria and rules of this system.
1st Detriment core staff (Provisions on the table 1.A)
1. In case of death there are five categories of disadvantaged regions: the widowed spouse, ascendants, descendants, siblings and relatives.
2. It has the status of injured who is included in any of these categories, unless there are circumstances involving the absence of prejudice to compensate.
3. Also it has the status of injured who actually and continuously, exercises the functions for failure or absence does not exercise the person belonging to a particular category or assumes its position.
Article 63. The widowed spouse.
1. The widowed spouse not legally separated receives a fixed amount to fifteen years together, depending on the age group of the victim, and an increase for each additional year or part thereof.
2. For the purposes of calculation established in the preceding paragraph, if those are indeed stable couple are married, years of cohabitation joined in marriage.
3. The separation of fact and the filing of the application for annulment, separation or divorce are equal to the legal separation.
4. In the event of multiple spouses or partners stable, in cases where the applicable law permits, the fixed amount set out in paragraph 1 shall be distributed equally, and if any further increases, the largest increase is taken and it is distributed in proportion to the additional years of coexistence.
1. Each parent receives a fixed amount that varies depending on whether the child had died thirty years or more than thirty.
2. Each grandparent has harmed consideration if predeceasing the progenitor of his family branch and receive fixed regardless of the age of the deceased grandson amount.
Article 65. The descendants.
1. a fixed amount each child varies depending on your age, distinguishing, in view of their different stages of maturity and development, the following four sections is allocated:
A) to fourteen
B) from fourteen to twenty years
C) twenty to thirty years, and
D) from thirty years.
2. Grandchildren are considered predeceasing harmed if the parent who was son of the deceased grandfather and receive fixed regardless of age amount.
1. Each brother receives a fixed amount that varies depending on your age, as have up to thirty years or more than thirty.
2. For this purpose, the brother of simple link equates to double bond.
1. those who, without the condition of injured according to the above rules, had lived familiarly with the victim are relatives for at least five years immediately prior to death and were especially close to her in kinship or.
2. Each insider receives a fixed amount, regardless of their age.
Personal Injury Subsection
2nd individual (Provisions on table 1.B)
Particular Article 68. Indemnification of damages.
1. Particular prejudices of each damaged party is compensated by by applying specific criteria that increase the basic compensation fixed in Table 1.A.
2. Particular losses are not mutually exclusive and in concur in an injured, are cumulative.
3. In the case of the only insider particular harm it is compensable, if any, of his physical, intellectual and sensory disabilities as provided in the following article.
particular harm by physical, intellectual or sensory disability of the injured.
1. Compensation for the particular harm by physical, intellectual or sensory impairment, after the accident or as a result thereof, is intended to compensate the perceptible alteration that causes death of the victim in the life of the injured.
2. For this injury to be compensable is required at least a degree of disability thirty-three percent, which is credited by administrative decision or any other evidence admitted in law.
3. This injury is make restitution by increasing the basic allowance that applies to you, ranging between twenty five and seventy five percent, in response to the degree of disability, the intensity of alteration and age of the injured.
Particular harm by Article 70 of the injured coexistence with the victim.
1. Living with the victim is a particular prejudice in all injured, except the victims or injured spouse and under thirty. In cases excepted, this circumstance is already weighted in compensation for key personnel injury.
2. When the injured person is the grandfather or the grandson of the victim and there is coexistence, compensation for damage core staff if any appropriate increases by fifty percent.
3. In other cases, when the injured party is over thirty years old and lives with the victim, it repays as a private personnel prejudice the difference between the compensation for key personnel prejudice scheduled for less prejudiced than thirty years in the same category and that it corresponds to the same concept.
Article 71. Damage
particularly the one damaged in its class.
The condition of one injured within each category, with the exception of the spouse, is a particular subject that compensates through increased twenty five percent of compensation for key personnel injury.
particular harm the only family harmed.
The only condition is a particular family injured prejudice that repays through increased twenty five percent of compensation for key personnel injury.
Particularly Article 73. Damage death of one parent.
The death of the sole living parent of the injured is a particular prejudice that compensates by increasing compensation for prejudice core staff:
A) Fifty percent, in the case of children up to twenty years.
B) Twenty-five percent, in the case of children over twenty years.
Particularly Article 74. Damage death of both parents in the same accident.
The death of both parents in the same accident is a particular prejudice that compensates by increasing compensation for injury basic staff for the death of each parent of:
A) Seventy percent, in the case of children up to twenty years.
B) Thirty-five percent, in the case of children over twenty years.
Particularly Article 75. Damage death of an only child.
The death of the only son of the injured is a particular prejudice that compensates through increased twenty five percent of compensation for key personnel injury.
Particularly Article 76. Damage death of victim pregnant with fetal loss.
The death of victim pregnant with fetal loss due to the accident is a particular prejudice that compensates by a fixed amount received by the spouse. That amount is higher if the loss of the fetus takes place after twelve weeks of gestation elapsed.
The exceptional damages to which Article 33 are compensated based on criteria of proportionality, with a maximum limit of twenty-five percent increase compensation for key personnel injury.
3rd Financial loss (Provisions on table 1.C)
Article 78. Basic Financial loss.
1. Each receives injured without justification, fixed by the amount set out in Table 1.C, for reasonable expenses caused by the death, such as displacement, food, accommodation and other similar amount.
2. If the amount of such expenses exceeds the established in the previous paragraph, the compensation requires justification.
Article 79. Specific fees.
Addition to those provided for in the preceding article, the cost of transporting the deceased, funeral and burial according to the customs of the place where the service is provided are paid. the cost of repatriating the deceased to the home country is also paid.
Article 80. Concept of lost profits in the event of death.
In the event of death loss of profit it consists of net losses suffered by those who were financially dependent on the income of the victim and therefore have the status of injured.
Article 81. Calculation of lost profits.
1. To calculate the loss of earnings of each damaged net income of the victim multiply as multiplying by the actuarial factor, as a multiplier, corresponding to each injured according to the rules set out in the following articles.
2. When the net income of the victim is between two levels of net income of the table 1.C loss of profit corresponding to the upper limit is assigned.
Article 82. Persons affected.
1. For the purposes of this Act are considered impaired person's spouse and minor children and are also presumed, unless proven otherwise, the children of up to thirty years.
2. In other cases only they have the status of injured persons included in Article 62 attesting financially dependent on the victim and separated or former spouses who are entitled to compensatory pension is terminated by the death of the victim spouses.
Article 83. Multiplying victims in case of personal work income or unemployed.
1. In the case of victims with incomes of personal work the multiplying consists of net income credited to the deceased victim received during the calendar year preceding the death or the average achieved during the three calendar years immediately preceding the accident, if higher, which will be shown until the age of retirement and, from this, the estimated retirement pension. If the victim was retired, is the net annual amount of pension he perceived at the time of his death.
2. If the victim had been unemployed at any of the three years preceding the death, for the calculation of the revenue provided for in the preceding paragraph shall be taken into account unemployment benefits he has received and, if not if any perceived, It is counted as income an annual minimum wage.
Article 84. Multiplying in the case of victims exclusively to household chores of the household dedication.
1. Unpaid work of the victim who did not obtain income to be the person who helped support his family unit through exclusive dedication to housework is valued at the equivalent of an annual minimum wage.
2. In families of more than two units the equivalence set out in the preceding paragraph shall be increased by ten percent of the annual minimum wage for each additional injured minor, disabled or over sixty seven years living side by side in the household the victim without the additional increase may not exceed the amount an average annual minimum wage.
Article 85. Multiplying in the case of victims with partial chores of the household dedication.
If the victim was host to a reduction in working time to reconcile paid work with household chores in your household, the amount to be received shall be one third of that resulting from performing all arithmetic operations the loss with multiplying the previous article, an amount that will be compatible with the corresponding loss of profit under Article 83 profit the same criteria apply in all cases showing that played a part time job for the same reasons .
Article 86. Multiplier.
1. The multiplier is the ratio obtained for each injured person and resulting from combining the following factors:
A) the share of the injured in accordance with the rules provided for in Article 87 concerning the calculation of quotas,
B) public pensions entitled to the injured by the death of the victim,
C) the duration of their economic dependence,
D) the risk of death and
E) the interest rate discount, which takes into account inflation.
2. The above factors are calculated according to actuarial technical bases established in accordance with Article 48.
3. For the purposes of determining the multiplier may establish other complementary regulations that take into account factors other contingencies relating to the injured and to serve the best individualization of injury.
Article 87. Variable
concerning the quota of the injured.
1. The multiplying resulting from the criteria set out in Articles 83 to 85 is distributed among the injured considering that the victim destined part to meet their own needs (quota sibi) which is estimated at least ten per cent.
2. The distribution criteria are:
A) Where there is one spouse or damaged, its share is sixty percent.
B) Where there is more than one injured, the share of the spouse shall be sixty percent of each child, and thirty percent of any other injured twenty percent, including the separated spouse or former spouse is entitled to receive a compensatory pension is terminated by the death of the victim.
3. When the sum of the quotas of injured exceeds ninety percent will be redistributed proportionally, resulting in a corresponding reduction in compensation for each of them.
4. If only hurt referred to in paragraph 2.a) is concerned, corresponding to the amount of sixty percent compensation is calculated by multiplying by two the amount resulting from the corresponding table 1.C, in the case of a child, and three other cases.
Article 88. Variable on public pensions in favor of the injured.
1. Public pensions entitled to those affected by the death of the victim, such as widowhood or orphanhood, produce the effect of reducing injury.
2. In any case, future public pensions that must be taken into account for the calculation are estimated according to actuarial technical basis.
3. The harmed by the death of a victim with income from personal work you can prove that is not entitled to any public pension or entitled to a pension other than those provided in the actuarial technical basis of the multiplier.
4. The injured by the death of a victim who did not get revenue devote himself exclusively to household chores in your household, but does not receive public pensions will apply the compensation for loss of profits under the tables for victims 1.C income, although enhanced a twenty five percent.
Article 89. Duration of the variable of economic dependence.
1. Economic dependence on parents, grandparents and persons with disabilities who determines who are financially dependent on the victim's lifetime.
2. In other cases the loss of earnings is a temporary injury and is calculated on the period of time estimated to have lasted the situation of economic dependence in accordance with the rules of the following items.
Article 90. Duration of economic dependence widowed spouse.
1. When the injured person is the surviving spouse shall be deemed, for the death not occurred, the marriage had lasted at least fifteen years.
2. If at the time of death the marriage had lasted more than fifteen years, it is deemed to marriage would have remained in the future the same number of years.
Article 91. Duration of economic dependence on their children, grandchildren and siblings.
1. If the injured are children, grandchildren or siblings of the victim and credited economic dependence, it is considered that it would have continued until he was thirty years and always for a period of at least three years.
2. If on the date of death of the victim is harmed more than thirty years, it is considered that reliance would have gone on for three years.
Article 92. Duration dependence on others harmed.
1. In the case of relatives with proven economic dependence, it is considered that reliance would have extended three years.
2. If death results in the extinction of the pension he was entitled to receive the separated spouse or former spouse, prejudice is expressed in the amount corresponding to the pension for up to three years.
Section 2 Severance
Article 93. Valuation of compensation for sequels.
1. The consequences are physical, intellectual, sensory and functional and aesthetic damages arising from injury and remain after completion of the healing process. The osteosynthesis material remaining at the end of this process is treated as a sequel.
2. Severance consequences are quantified accordance with the provisions and rules set out in this Chapter and are reflected in the different sections of Table 2 annexed.
3. 2.A table contains three sections:
A) The 2.A table sets forth the amount of core staff prejudice accordance with the criteria and rules of this system.
B) The 2.B table sets forth the amount of the special and exceptional personal injury in accordance with the criteria and rules of this system.
C) The 2.C table sets forth the amount of economic damages, distinguishing the categories of damages and lost profits, according to the criteria and rules of this system.
Article 94. Determination of the injured.
1. In the case of sequels they are harmed the injured who suffer.
2. They are also affected, exceptionally large family injured in the terms set out in Article 36.3.
Personal Injury Subsection 1st basic (Provisions on the table 2.A)
Article 95. Determination of compensation of key personnel injury.
1. Economic valuation of key personnel injury should sequels is determined according to what results from the rules listed in Table 2.A.
2. The determination of the consequences and severity and intensity is performed according to the scale medical content in Table 2.A.1.
3. The determination of compensation for sequels is performed in accordance with the economic scale contained in the table 2.A.2.
Article 96. The medical scale.
1. The medical scale contains the list of sequels that make up the permanent psychophysical, organic and sensory damage, including its classification, description and measurement, and also includes a special chapter dedicated to disfigurement.
2. Psychophysical measurement, organic or sensory damage of the aftermath is done by a percentage of impairment in points, with a maximum of one hundred.
3. Measuring the disfigurement of the aftermath it is done by a percentage of impairment in points, with a maximum of fifty, which corresponds to a percentage of hundred percent.
Article 97. Rules of application of organic and sensory psychophysical damage.
1. The score given to organic and sensory psychophysical prejudice to each sequel, according to clinical judgment, takes into account the intensity and severity from the point of anatomical-functional view, irrespective of the age or sex of the injured, nor the impact of the sequel in its various activities.
2. each sequel is awarded a fixed score or appropriate within a range with a minimum and maximum score.
3. A sequel should be assessed once, although its symptoms be described in several sections of the medical scale, without prejudice to respect the aesthetic damage. the effects that are included or derived from other, even if they are described independently are not valued.
4. Score one or several sequels of a joint, member, device or system can not exceed the amount of the total anatomical or functional loss of that joint, member, device or system.
5. Sequels not included in any of the concepts of scale medical criteria are measured analog to those provided for therein.
Article 98. Concurrent Sequels.
1. In the event of multiple injuries from the same accident, the final score of the psychophysical injury is the result of applying the formula:
[[(100 - M) xm] / 100] + M
Where "M" is the highest score of the sequel and "m" score lower sequel.
2. If the consequences more than two, for use of the said formula is part of the sequel to highest score and operations are performed in reverse order of their importance. Successive calculations are performed using the above formula corresponding to the term "M" to the score resulting from the immediately previous operation.
3. If, at the time the calculations, decimal fractions are obtained, the result of each operation is rounded to the higher unit.
4. The final score is brought to the table 2.A.2 to set the economic value of the psychophysical injury depending on the age of the injured in accordance with the provisions of Article 104.4.
99. Article interagravatorias
1. Interagravatorias consequences are those consequences that concurrent arising from the same accident and affecting common functions, produced by their reciprocal influence significant aggravation of each.
2. The score awarded to bilateral sequels in Table 2.A.1, including the valuation of its interagravatorio effect.
3. In the absence of this specific provision, the score of the consequences will be assessed interagravatorias increasing by ten percent score resulting from applying the formula provided for in Article 98, rounded to the higher unit and the limit of one hundred points.
Article 100. agravatorias Sequels previous state.
1. The sequel aggravating a previous state and that is already provided in the medical scale is measured by the score assigned specifically for her.
2. In the absence of such a provision, the score is the result of applying the formula:
(M - m) / [1 - (m / 100)]
Where "M" is the score of the sequel in the state and "m" is the score of the preexisting sequel. If the result offers decimal fractions, it is rounded to the higher unit.
Article 101. disfigurement of the aftermath.
1. The disfigurement is any modification worsening the image of the person. It is different from the psychophysical injury that serves as substrate and includes both static and dynamic dimension.
2. The aesthetic damage is existing at the end of the healing process of the injured.
3. The inability to correct the disfigurement constitutes a circumstance which increases its intensity.
4. The compensation for disfigurement is compatible with the cost of plastic surgery procedures necessary for correction.
Article 102. Degrees of disfigurement.
1. The measurement of disfigurement is done by assigning a score to fork each grade taking into account, in particular, the following factors:
A) the degree of visibility ordinary prejudice,
B) attraction to the gaze of others,
C) the emotional reaction that causes and
D) the possibility that causes an alteration in the interpersonal relationship of the injured.
2. Disfigurement grades, from highest to lowest, are:
A) Very important, which corresponds to an extremely serious aesthetic damage, such as that produced large burns, large losses of substance and major changes in facial or body morphology.
B) Very important, which corresponds to a minor disfigurement as above, such as amputation producing two limbs or quadriplegia.
C) Important, it is corresponding to a minor disfigurement as above, as produced by the amputation of a limb or paraplegia.
D) Medium, which corresponds to a minor disfigurement as above, as produced by the amputation of more than one finger of the hands or feet, especially relevant lameness or visible scars in the area facial or extended in other areas of the body.
E) Moderate, which corresponds to a minor disfigurement than before, as they produce visible scars in the facial area, scars in other areas of the body, amputation of a finger or hand feet or slight limp.
F) Light, which corresponds to a minor aesthetic damage as above, as the small scars produced outside the facial area.
3. Aesthetic damages not mentioned in the various degrees mentioned in the previous paragraph are included in the appropriate in view of their entity level, according to criteria of proportionality and analogy.
Article 103. Rules of application of disfigurement.
1. If an organic and sensory psychophysical permanent damage behaves, in turn, the existence of a disfigurement, are separately fixed score corresponding to one to the other, without being assigned to organic and sensory psychophysics sequel incorporate the weighting of its impact unaesthetic.
2. The score disfigurement is made in accordance with the special chapter of the table 2.A.1 through their joint weight without allotting points to each of its components.
3. Neither age nor sex of the injured person is taken into account to measure the intensity of disfigurement.
4. The score awarded to disfigurement does not include the weighting of their impact on the various activities of the injured, whose specific injury is assessed through the particular detriment of loss of quality of life.
5. The set score is brought to the table 2.A.2 fixing the economic value of disfigurement depending on the age of the injured in accordance with the provisions of Article 104.5.
Article 104. Regime economic assessment of the consequences.
1. The regime of economic valuation of psychophysical, organic and sensory damage to ordinary moral damage that is inherent, and disfigurement is contained in the economic scale of the 2.A.2 table whose rows and columns scoring express age respectively, the extent and intensity of the damage and duration.
2. This assessment is inversely proportional to the age of the injured and increases as the score increases.
3. The rows are articulated scoring from point to point from one to one hundred and old columns from year to year from zero to one hundred.
4. The amount of the psychophysical, organic and sensory damage consists in 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, by the total number of points obtained according to the medical scale.
5. The amount of disfigurement consists at 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, by the total number of points obtained in accordance with the medical scale, taking into account the maximum of fifty points.
6. The basic compensation for sequels, both as psychophysics, organic and sensory dimension, on the one hand, and aesthetics, on the other hand, consists of the amount resulting from adding the amounts of the two preceding paragraphs.
Personal Injury Subsection
2nd individual (Provisions on table 2.B)
Article 105 Moral damages by psychophysical complementary, organic and sensory loss.
1. complementary moral damage caused by psychophysical understood, organic and sensory damage when a single sequel reach at least sixty points or the result of concurrent, after applying the formula set forth in Article 98, reaches at least eighty points. Bilateral sequelae listed in Table 2.A.1 constitute a single sequel to the effects of this article.
2. The extent and intensity of the psycho-physical, organic and sensory injury and the age of the injured are the two key parameters to quantify, but may be considered involvement in their activities. also they weighted, if necessary, extraordinary pain and the consequences that have not been evaluated by the score of one hundred has been reached.
3. This damage is quantified by a compensation fork it sets a minimum and a maximum expressed in euros.
Article 106. Moral damages for disfigurement complementary.
1. complementary moral damage caused by disfigurement understand when it received a score that reaches at least thirty-six points.
2. The extent and intensity of disfigurement and age of the injured are the two key parameters to quantify, but may be considered involvement in their activities.
3. This damage is quantified by a compensation fork it sets a minimum and a maximum expressed in euros.
Article 107. Non-material damage for loss of quality of life caused by the aftermath.
The compensation for loss of quality of life is to compensate for the particular moral prejudice suffered by the victim for the consequences that prevent or limit their personal autonomy to perform essential activities in the development of ordinary life or personal development through specific activities.
Article 108. Degrees of moral damage for loss of quality of life.
1. The damage for loss of quality of life can be very serious, severe, moderate or mild.
2. The very serious injury is one in which the injured loses his personal autonomy in almost all essential activities in the development of ordinary life.
3. The serious injury is one in which the injured loses his personal autonomy to perform some of the essential activities in the development of ordinary life or most of your specific personal development activities. The moral damages caused by the loss of any possibility of a work or professional activity is also considered serious injury.
4. Moderate injury is one in which the injured loses the possibility of carrying out a significant part of their specific personal development activities. The moral damage for loss of employment or professional activity that had exercise is also considered moderate damage.
5. The mild injury is one in which the injured with sequelae of more than six points loses the ability to perform specific activities that have special importance in their personal development. The moral prejudice by limiting or partial loss of employment or professional activity that had held prejudice is considered mild regardless of the number of points granted to the aftermath.
Article 109. Measuring the damage for loss of quality of life.
1. Each of the degree of injury is quantified by a compensation fork it sets a minimum and a maximum expressed in euros.
2. The parameters for determining the amount of the damage are the size and number of activities affected and the age of the injured expressing the anticipated duration of injury.
3. The maximum for each degree of injury is greater than the minimum fork assigned to prejudice the greater degree of gravity above.
Article 110. Non-material damage for loss of quality of life for injured big family.
1. The moral damage for loss of quality of life of families of large injured offset the substantial alteration caused in their lives providing care and continuing care of those injured when they have lost personal autonomy for almost all essential activities development of ordinary life.
2. Exceptionally, the compensation also comes in cases of very serious consequences that reach at least eighty points and in which is shown that the injury requires the provision to which the preceding paragraph.
3. This damage is quantified by a compensation fork it sets a minimum and a maximum expressed in euros and parameters to be taken into account when fixing the amount are dedication that such care or family care require the alteration that occur in the life of the family and the age of the injured.
4. Standing to claim compensation for that damage is attributed exclusively to the injured, who must allocate compensation to offset the losses suffered by the families affected.
Article 111. Loss of fetus as a result of the accident.
1. Fetal loss due to the accident is an injury that reimburses a fixed amount. That amount is higher if the loss of the fetus takes place after twelve weeks of gestation elapsed.
2. The compensation corresponds to the pregnant woman suffering fetal loss, adding to which, if any, receives for the injury suffered.
The exceptional damages to which Article 33 is compensated with criteria of proportionality, with a maximum limit of twenty-five percent increase compensation for key personnel injury.
3rd Financial loss (Provisions on table 2.C)
Article 113. foreseeable future healthcare costs.
1. Costs of future health care compensate, for the consequences referred to in paragraphs 2, 3 and 4 of this Article, the economic value of health care in the inpatient and outpatient settings, stating the injured for life after stabilization of injuries and also those health benefits that occur in the home environment, for their specialized nature, can not be borrowed with the help of third person under articles 120 and following occurs.
2. Rehabilitation expenses is compensated by hospital regime in accordance with the rules of Article 114, while home and outpatient rehabilitation is compensated by in accordance with Article 116
3. The aftermath, in any case, give rise to offset future costs of health care are:
A) The states of vigil or chronic vegetative eat.
B) The neurological sequelae in their very serious and severe degrees.
C) at or above fifty points SCI.
D) amputation or other sequelae requiring prosthesis placement.
4. , Unless proven otherwise, which results in compensation of future healthcare expenses sequel that is equal or greater than fifty points and concurrent sequels and interagravatorias that equal or exceed eighty presumed.
5. In the same or higher than thirty points sequels and which by their nature may require regular treatment, shall be demonstrated by medical expert evidence predictability of such future expenses.
6. The timing and amount of future health care costs must be accredited by the respective medical report in accordance with the stabilized consequences of injuries.
7. The expenses not foreseeable in accordance with the above rules will only be awarded in the cases provided for in Article 43 concerning modification of the fixed compensation.
Article 114. Compensation of future health care costs in the inpatient and outpatient settings.
1. The future health care costs will be paid by insurance companies to public health services in accordance with the law and the conventions or agreements, within the limits set out in Table 2.C.1 and the injured will receive benefits of health care by public institutions or by private health centers that have signed agreements with public health services, also subject to the requirements of that legislation and agreements.
2. Insurance companies and public health services may subscribe specific in order to facilitate payment referred to in the preceding paragraph and guarantee health benefits to injured agreements. Public utilities, in turn, may enter into future private healthcare centers with the human and material necessary and sufficient means to provide it.
3. Insurers paid to public health services expenditures to ensure the future health care for life, even if temporary or permanent transfer of residence or other circumstances that may lead to a change of service center within the framework of the regime benefits provided in Law 16/2003 of 28 May, of cohesion and quality of the National Health System.
Article 115. Prosthetics and Orthotics.
1. It directly reimburses the injured the amount of prosthetics and orthotics that the medical report, stating the injured throughout his life.
2. The need, timing and amount of costs of prosthetics and orthotics future must be accredited by the relevant medical report from the date of stabilization of the aftermath.
3. The assessment will take into account the type of sequel, the age of the injured, the periodicity of the renewal of the prosthetic or orthotic according to their service life and the cost of the same, according to the needs and personal circumstances of the injured.
4. The maximum compensable is set in the table 2.C for this type of expenditure.
5. The amount of these expenses may be compensated in the form of capital used the actuarial conversion factor established in the art coefficient table capitalization of prosthetics and orthotics (TT3) included in the actuarial technical bases to which Article 48 refers.
home and outpatient rehabilitation.
1. the injured the amount of the costs of future rehabilitation by the corresponding medical report stating the injured in the home setting or outpatient regarding the consequences referred to the letters a), b) and c) of section repays directly 3 Article 113, after stabilization occurs.
2. The need, timing and amount of future rehabilitation costs must be accredited by the relevant medical report from the date of stabilization of the aftermath.
3. The maximum compensable is set in the table 2.C for this type of expenditure.
4. Chronic vegetative state and quadriplegia or above C4 will be compensated up to a maximum of thirteen thousand five hundred euros per year. Where the match tetraparesis serious, serious consequences of language and neuropsychological disorders serious future rehabilitation costs will be compensated with a maximum of nine thousand five hundred euros per year. The remaining cases will be compensated with a maximum of five thousand eight hundred and fifty euros annually.
5. The amount of these expenses may be compensated in the form of capital used an actuarial conversion factor established in the art table actuarial conversion coefficients between income and capital (TT1) included in the actuarial technical bases to which Article 48 refers.
Article 117. Technical assistance or support products for personal autonomy.
1. the injured the amount of technical aids and assistive products for personal autonomy, on the medical report, stating the injured throughout his life for loss of very serious or serious personal autonomy, with an amount it repays directly maximum set at the table 2.C for this type of expenditure.
2. The need, timing and amount of technical assistance and support products for personal autonomy must be accredited by the relevant medical report from the date of stabilization of the aftermath.
3. The assessment will take into account the type of sequel, the age of the injured, the frequency of renewal of technical aids and assistive products for personal autonomy over their useful life and the cost thereof, meeting the needs and personal circumstances of the injured.
Article 118. Adequacy of housing.
1. the amount of the works of adequacy of housing to the needs of those who suffer a loss of very serious or serious personal autonomy, including the technical means, with the maximum amount set in the table 2.C for this type of expenditure is recovery.
2. If not available, the adequacy of housing and should purchase or rent another house adapted with similar characteristics, the difference in value for sale or capitalized income of both housing and expenses that such an operation could generate up to the limit established in it repays the previous section. Similar characteristics refer to the location of the apartment, its size and quality construction.
Article 119. Financial loss by increasing mobility costs.
The financial loss resulting from enhanced mobility costs repays to the maximum amount specified in the table 2.C for such expenses, according to the following criteria:
A) Degree of loss of personal autonomy injured, depending on how it affects their mobility.
B) Possibility of adapting the vehicle using the injured or, if this is not possible, need to purchase a new vehicle adapted, within the range of such vehicles, keep a certain proportion substituted vehicle. If replacing the market value of the replaced vehicle is deducted.
C) The need for future adjustments depending on the age of the injured and the life of adaptations or vehicle that, for these purposes, is estimated at ten years.
D) Surcharge shift the injured, if no adaptation or acquisition vehicle, when the loss of personal autonomy have serious difficulty using public transport to further develop their usual activities.
Article 120. Concept of third-party support.
1. Compensation expenses third-party support compensates the economic value of non-health services needed by the injured when it sequelae involving loss of personal autonomy.
2. They have no consideration of third-party support health services in the hospital, outpatient or home setting, which may require that the injured, if any, will be indemnified in respect of subsequent health spending to stabilize the aftermath.
3. The economic value of third-party support is compensated regardless of whether or not the benefits are paid.
Article 121. The need for third-party support.
1. The need for third-party support is fixed on the table 2.C.2 Help Third Person when:
A) the psychophysical, sensory organic or prejudice of a sequel is less than fifty points or the result of concurrent consequences, once applied the corresponding formula is not less than eighty; or
B) despite the score indicated in the preceding paragraph not be reached, it is considered that such aid is necessary be especially affected by personal autonomy.
2. In cases not provided for in the table can only be compensated if such aid is credited by medical expert evidence of a loss similar to that produced by the consequences under the same personal autonomy.
Article 122. Replacing the compensation of third-party support for health care or social and health of the victim.
1. If the victim is permanently entered in a health center or social health and the insurer assumes the appropriate care expenses will not proceed with additional character compensation aid to third person.
2. If the victim is not entered, you can agree with the insurer that instead of compensation for third-party support, the company will provide the service at home for life.
Article 123. Determination of the number of hours required of third-party support.
1. The hours needed help from a third person are determined by applying Table 2.C.2 Help Third Person, expressing support hours depending on the sequel.
2. If there is more than a sequel that requires third-party support the following rules shall apply:
A) To sequelae need for third-party support with a number of up to six hours, the total valuation of time required is obtained by adding to the hours corresponding to the largest sequel fifty percent of the hours set in each one of the other.
B) To sequelae need for third-party support with more than six hours number, the total valuation of time required is obtained by adding to the hours corresponding to the largest sequel twenty five percent of the hours set in each one of the other.
3. In cases where there is a situation of need for third-party support for state before the accident resulting worsened, the number of hours of help from a third person is applying the formula (H - h) / [1 - (h / 100)], where "h" is the result of applying to the times for all the consequences set out in paragraph 2 of this article and "h" associated to the previous state of the accident hours. If the result offers decimal fractions, it is rounded to the highest hour.
Article 124. Moment of determining the number of hours required and subsequent increase factors.
1. Determining the number of hours required of third-party support is carried out at the time of stabilization of the aftermath.
2. From the age of fifty injured, increased need for third-party support is produced, depending on age, which is assessed according to the following correction factors increase:
A) fifty to sixty, a correction factor of 1.10 is applied,
B) from sixty to seventy, a correction factor of 1.15 is applied and
C) from seventy years a correction factor of 1.30 is applied.
Article 125. Determination of the compensatory amount by multiplying and multiplying.
1. The amount of compensation for third-party support is contained in the table 2.C.3 at the intersection of the row the number of hours required and the column corresponding age.
2. This amount is obtained by multiplying the multiplying of the cost of services by the coefficient multiplier.
3. The multiplying the cost of services is obtained to calculate, on a yearly basis, the economic cost of the hours needed help from a third person. The price when these services are set to the equivalent of 1.3 times the time of the annual minimum wage.
4. The multiplier is the coefficient for each injury resulting from combining the following factors:
A) public perceptions to help third person entitled to the injured,
B) the duration of the need for third-party support established from the date of stabilization of the consequences until the death of the victim,
C) factors increasing need for third-party support in terms of age, under Article 124
D) the risk of death and
E) the interest rate discount, which takes into account inflation.
5. For the purposes of determining the multiplier may statutorily established other complementary criteria that take into account other contingencies relating to the injured and to serve the best individualization of injury.
6. Public services for third-party support to be entitled the injured are estimated according to actuarial technical basis, but can be credited perception different than the estimated benefits.
In the event of loss of profits consequences is the loss of earning capacity for personal work and in particular on the injury suffered by the injured for loss or net loss of income from their work.
Article 127. Calculation of lost profits.
1. To calculate the loss of earnings of the injured net income or an estimate of the value of their dedication to housework or ability to make profits multiply, and multiplying by the actuarial factor, as multiplier applicable under the rules They set out in the following articles.
2. When the net income of the injured is between two levels of net income provided in the tables 2.C corresponding loss of profit corresponding to the upper limit is assigned.
Article 128. Computation of income injured by personal work.
1. For the calculation of loss of earnings is taken into account for purposes of determining multiplying the loss of income from personal work corresponding injured by their degree of incapacity in accordance with the provisions in the following article.
2. Revenues to take into account the purpose of calculating the loss of profits are earned during the year preceding the accident or the average of those obtained in the previous three years the same, whichever is the higher.
3. If the injured were unemployed at the time of the accident or had been in any of the three years preceding the same, it will also be used for the calculation of income referred to in the preceding paragraph, unemployment benefits he has received and in case of not having received, it shall be counted as income an annual minimum wage. In any case, the minimum income to be taken into account always will be an annual minimum wage.
4. The starting date of the computation is the stabilization of the consequences, except in the case of pending access to the labor market provided for in Article 130, which is computed from the age of thirty injured.
Article 129. Multiplying income from personal work.
The loss of income from personal work injury depending on the degree of disability is determined according to the following rules:
A) In cases where the injured is unable to perform any job or profession is considered that the damage suffered is one hundred percent of their income.
B) In cases where the injured it is unable to perform his usual work or professional activity is considered that the injury suffered is fifty-five percent of their income, up to fifty-five and seventy five percent from this age.
C) In cases where the consequences suffered is injured partially reduce income or standard of performance in the course of their work or usual professional activity markedly considered that the damage suffered is equivalent to the amount of revenue corresponding to two years' salary. It is presumed that the decrease is charged when it is not less than thirty-three percent of income or standard of performance for work or usual business activity.
Article 130. Injured pending labor market access under thirty years.
The loss of earning capacity of those injured under thirty years remaining to enter the labor market is determined according to the following rules:
A) only it takes into account the loss of earning capacity in cases of absolute and total disability.
B) The starting date of the computation will be from thirty years.
C) In the event of total disability is computed as income ceased to obtain, for the purposes of determining the multiplying an annual and a half minimum wage.
D) In the event of total disability is counted as income left to get the fifty-five percent of the amount stated in the previous section. For this purpose, total disability means inability to carry out a large number and variety of work activities.
E) The above amounts may be increased to twenty percent if the injured hath a higher level of training.
Article 131. Multiplying if injured with dedication to housework in the household.
1. In the event of total disability, in respect of unpaid work that did not get injured income being the person who contributed to the maintenance of the family unit through exclusive dedication to housework, the following rules shall be followed:
A) the unpaid work in the equivalent of an annual minimum wage is valued.
B) family of more than two units such equivalence is increased by ten percent of the annual minimum wage for each minor, disabled or over sixty-seven years living with the injured in the family unit without the additional increase may not exceed the amount of a year and a half minimum wage.
2. In the event of total disability is computed as income left to get the fifty-five percent of the amounts indicated in the previous section. For this purpose, total disability means inability to perform basic household tasks whenever you can make different ones.
3. If the injured was host to a reduction in working time to reconcile paid work and housework and family care, the amount to be received shall be one third of that resulting from all operations of calculation lost profits with the multiplying of paragraph 1
Article 132. Multiplier.
1. The multiplier is the coefficient for each injury resulting from combining the following factors:
A) public pensions absolute, total or partial permanent disability that entitled the injured
B) the duration of injury,
C) the risk of death according to their degree of disability, and
D) the interest rate discount, which takes into account inflation.
2. The above factors are calculated according to actuarial technical bases established in accordance with Article 48.
3. For the purposes of determining the multiplier may establish other complementary regulations that take into account factors other contingencies relating to the injured and to serve the best individualization of injury.
4. Public pensions entitled to the injured, such as those of, absolute, total or partial permanent disability, are subject to estimate, but may be credited perception different from the estimated pensions. In cases of severe disability only be computed in the multiplier the part corresponding to the absolute permanent disability pension.
5. The injured who did not get revenue devote himself exclusively to household chores in your household, but does not receive public pensions will apply the compensation for loss of profits under the boards 2.C injured with income, although you increased in twenty five percent.
Article 133. Duration of injury.
1. In cases of absolute or total permanent disability the duration of injury ends at retirement age. If the injured had exceeded the retirement age at the time of the accident, but still had income from personal work, duration of injury is two years.
2. In the event of permanent partial disability under Article 129.c) duration is two years.
SECTION 3. Severance
Article 134. Assessment of compensation for temporary injuries.
1. They are temporary injuries suffered by the injured from the time of the accident until the end of their healing process or to the stabilization of the lesion and its conversion into a sequel.
2. Compensation for temporary injuries supports appropriate for sequels or, where appropriate, by death and quantified in accordance with the provisions and rules set out in this Chapter and are reflected in the different sections of the table 3 set as Annex.
3. Table 3 contains three sections:
A) Table 3.A establishes the amount of core staff prejudice accordance with the criteria and rules of this system.
B) The table 3.B establishes the amount of the particular personal injury in accordance with the criteria and rules of this system.
C) Table 3.C establishes the amount of economic damages, distinguishing the categories of damages and lost profits, according to the criteria and rules of this system.
Article 135. Compensation for minor injuries spine.
1. Minor whiplash injuries are diagnosed based on the demonstration of the injured on the existence of pain, and are not subject to verification by additional medical tests, are compensated as temporary injury, provided that the nature of the wrongdoer can produce damage according to the following generic causality criteria:
A) exclusion, which is not bound to fully justify other cause pathology.
B) Chronological, which is that the symptoms appear in medically explicable time. In particular, is especially relevant for the purposes of this criterion have been manifested symptoms within seventy-two hours after the accident or the victim has been the subject of health care in this period.
C) Topographical, which is that there is a relationship between body area affected by the accident and suffered, barring injury to a pathogenic explanation justifies otherwise.
D) intensity, consisting of the fit between the injury and the mechanism of their production, taking into account the intensity of the accident and other variables that affect the probability of their existence.
2. The sequel resulting from a minor whiplash injury is compensated only if a conclusive medical report certifies its existence after the period of temporary injury.
3. The criteria set out in the preceding paragraphs shall apply to other minor injuries of the spinal column referred to in the medical scale of sequels.
1st Detriment core staff (Provisions on the table 3.A)
Article 136. Determination of compensation of key personnel injury.
1. Key personnel prejudice temporary injury is a common injury that suffers from the date of the accident until the end of the healing process or to the stabilization of the lesion and its conversion into a sequel.
2. Its economic assessment is determined by the daily amount established in the table 3.A.
Personal Injury Subsection
2nd individual (Provisions on table 3.B)
Article 137. Personal Injury temporary loss of quality of life.
Compensation for temporary loss of quality of life compensates for the particular moral prejudice suffered by the victim for the impairment or limitation injuries or treatment occur in their autonomy or personal development.
Article 138. Stages of personal injury by temporary loss of quality of life.
1. The damage by temporary loss of quality of life can be very severe, severe or moderate.
2. The very serious injury is one in which the injured temporarily loses its personal autonomy for almost all essential activities of daily life. Admission to an intensive care is a subject of this degree.
3. The serious injury is one in which the injured temporarily loses its personal autonomy for a significant part of the essential activities of daily life or most of your specific personal development activities. The hospital stay is a subject of this degree.
4. Moderate injury is one in which the injured temporarily lost the ability to carry out a significant part of their specific personal development activities.
5. Psychophysical impediment to carry out professional work activity or is returned to one of the three degrees above.
6. The degrees of prejudice are mutually exclusive and successively applicable. In any case, one degree each day is allocated.
Article 139. Measuring personnel injury by temporary loss of quality of life.
1. Economic valuation of personnel injury by temporary loss of quality of life is determined by the daily amount established in Table 3.B for each of their degrees.
2. The daily rate set by each incorporates degrees and the amount of core staff injury.
Particularly Article 140. Personal Injury caused by surgery.
The particular personnel injury suffered by the injured for each surgery to which it is subjected is compensated with an amount between the minimum and the maximum set out in Table 3.B, in view of the characteristics of the operation, complexity surgical technique and anesthesia.
3rd Financial loss (Provisions on table 3.C)
Article 141. Expenses of health care.
1. the costs of health care and the amount of prosthetics, orthotics, technical aids and assistive products for personal autonomy on prescription needs the injured until the end of the healing process or stabilization of the lesion and its conversion sequel is compensated by, if duly justified and medically reasonable in view of the injury and circumstances.
2. Insurance companies may pay directly to health care costs health centers and, where appropriate, other expenses provided for in the preceding paragraph, by signing sanitary agreements.
3. Assimilated to support the costs relating to travel carry the injured during the health care of their temporary injuries.
Article 142 Miscellaneous expenditure compensable.
1. expenses that the injury occurs in the development of the ordinary life of the injured until the end of the healing process or stabilization of the lesion and its conversion sequel also is compensated by, whenever justified and reasonable in view of their personal and family circumstances .
2. In particular, provided that the requirements of the preceding paragraph are met, the cost increases mobility of the injured is is compensated by the displacement of families to assist you when your medical condition or personal situation requires and, in general, necessary to make them served him or the children or especially vulnerable families who occupied it.
Article 143. Profit loss for temporary injuries.
1. In the case of temporary injury loss of profit is the loss or temporary decrease in net income from personal work of injured or if his exclusive household chores dedication, in an estimate of the value of that commitment when you can not you perform them. Compensation for loss or diminution of dedication to household tasks is incompatible with the reimbursement of the expenses generated by replacement of such tasks.
2. The loss of net income variables will be credited by reference to the perceived in similar periods last year the accident or the average obtained in the three years immediately preceding the same, whichever is the higher.
3. The amounts that result from applying the criteria in the two preceding paragraphs public nature benefits received by the injured for the same concept are deducted.
4. Dedication to household chores will be settled on the daily amount of an annual minimum wage up to the maximum amount corresponding to one month in cases of healing without sequelae or equal to or less than three points sequels. In other cases the criteria laid down in Article 131 relating to multiplying applicable in such cases shall apply. "
Eight. The second section is introduced into the second final provision with the following wording:
'2. It enables the Government to modify the amounts of the tables in Annex by royal decree. "
Nine. Annex of Royal Legislative Decree 8/2004 of 29 October, approving the revised text of the Law on civil liability and insurance in the circulation of motor vehicles by the Annex contained in this Act is approved is replaced. | ||
First additional provision. Monitoring Committee Evaluation System.
1. By order of the Ministers of Justice and Economy and Competitiveness, a proposal from the Direccion General de Seguros, a Monitoring Committee Rating System will be set up within a maximum period of one year from the approval of this Act in order to analyze its implementation, its legal and economic implications and the update system of paragraph 1 of article 49 contained in your single article. Seven. In the composition of the Commission will participate victims' associations and insurance companies, with an equal number of members among them.
2. In addition to consultations and suggestions to evacuate since its inception, said Commission shall issue within a maximum period of three years from the date of entry into force of this Act, a reasoned report containing the analysis mentioned in the preceding paragraph and suggestions to improve the system.
3. In light of that report, the Direccion General de Seguros promote, where appropriate, changes it deems appropriate and the updating of actuarial technical bases containing economic, financial and biometric assumptions for calculating the actuarial factors corresponding.
Second additional provision. normative references.
Normative references relating to the valuation system included in the Annex of the Consolidated Law on civil liability and insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/2004 of 29 October, which repealing should be understood made to the system for the assessment of damages caused to people in road accidents included in this Act.
Third additional provision. compensatory damages and scale of damages supervening during health activity.
The rating system regulated in this Act will serve as reference for future regulation of compensatory damages and scale of damages supervening during health activity.
Transitional provision. temporary application of the system.
1. The system for the assessment of damages caused to people in traffic accidents established by this Act shall apply only to traffic accidents that occur after its entry into force.
2. For the assessment of the damages caused to people in traffic accidents that occurred prior to the entry into force of this Act shall continue and shall apply the system set out in Annex and in Annex of the Consolidated Law on Liability civil and safe movement of motor vehicles, approved by Royal Legislative Decree 8/2004 of 29 October.
Derogatory provision. Repeal of the valuation system of Royal Legislative Decree 8/2004 of 29 October.
System for the assessment of damages caused to people in traffic accidents contained in the Annex to Royal Legislative Decree 8/2004 of 29 October, approving the revised text of the repealed approved law on civil liability and insurance in the circulation of motor vehicles, their Anejo, and any provisions contrary to this law.
First final provision. Amendment of Law 1/2000 of 7 January on Civil Procedure.
Number 8th paragraph 2 of Article 517 of the Civil Procedure Act, which reads as follows amendments:
'8 ° The order set the maximum amount claimable as compensation, issued in the cases provided by law in criminal proceedings for acts covered by the Compulsory Liability Insurance for the use and movement of vehicles motor. "
Second final provision. Amendment of Law 6/2014, of April 7, approving the articulated text of the Law on Traffic, Motor Vehicle Traffic and Road Safety, approved by Royal Legislative Decree 339/1990 of 2 March amending .
The second additional provision of Law 6/2014, of April 7, approving the articulated text of the Law on Traffic, Motor Vehicle Traffic and Road Safety, approved by Royal Legislative Decree 339 amending / 1990 of March 2, shall read as follows:
"Second additional provision. Transposition of the Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 establishing the cross-border exchange of information on traffic violations in road safety is provided.
1. This provision establishes the procedure for cross-border exchange of information on traffic offenses when committed with a vehicle registered in a Member State of the European Union other than that in which the offense was committed.
The processing of personal data resulting from cross-border exchange of information shall be in accordance with the regulations on protection of personal data.
The cross-border exchange of information will take place on the following traffic violations:
B) Driving with rates higher than those established statutorily alcohol.
C) No use of seat belts or other approved restraint systems.
D) not to stop at a red light or in the place prescribed by the signal "stop".
E) a forbidden lane, improper driving on the hard shoulder or by a lane reserved for certain users.
F) Driving with the presence of drugs in the body.
G) Do not use the helmet.
H) Use of mobile phone or any other communication devices while driving when not allowed.
2. For the exchange of information, national contact points of the Member States of the European Union may access the Vehicle Registry of the Autonomous Headquarters Central Traffic, in order to carry out the necessary investigations to identify drivers of vehicles registered in Spain to have been committed in the territory of those States, the offenses referred to in the preceding paragraph.
The national contact point is the Autonomous Body Central Traffic Headquarters, which can be accessed for the purpose under that provision, to the corresponding registers of other Member States of the European Union.
The Autonomous Body Central Traffic Headquarters, in its capacity as national contact point shall have the following functions:
A) to service data requests.
B) To ensure the proper functioning of the system of collection and transfer of data.
C) Ensure the enforcement of protection of personal data.
D) collect all information required by the national contact points of other Member States of the European Union.
E) Develop the full reports to be sent to the Commission no later than May 6, 2016 and every two years from that date.
F) Report in collaboration with other bodies with responsibility for traffic as well as with organizations and associations linked to road safety and car users of public roads of the provisions of this provision through the website www.dgt.es.
The full report referred to by the letter e) the number of automated searches conducted by the Member State of offense intended to the contact point of the Member State of registration following offenses committed on its territory be indicated , along with the type of offenses for which requests and the number of failed requests were submitted. It will also include a description of the situation regarding the follow-up to traffic violations in road safety, based on the proportion of such offenses which have resulted in newsletters.
The Autonomous Body Central Traffic Headquarters will make available to the national contact points of the other Member States of available data on vehicles registered in Spain as well as those relating to their owners, regular drivers or long-term tenants They listed in Annex II.
3. The Autonomous Agency Headquarters Central Traffic, unless it is found that the data request is not in conformity with the provisions of this provision, provide the competent bodies to sanction concerning traffic data related to the owner or holder of the vehicle with which the offense was committed in national territory a vehicle registered in another member State of the European Union as well as those relating to the vehicle itself that are available in the register of the State of registration, obtained from the search data referred to in Annex I.
Data communications will be conducted exclusively by electronic means, in accordance with the technical specifications established by the Autonomous Body Central Traffic Headquarters.
4. From the data supplied by the Autonomous Body Central Traffic Headquarters, the competent bodies to sanction in trafficking may address the alleged offender an information letter. To this end, they may use the model provided in Annex III.
The information letter to the alleged infringer in the language of the vehicle registration document be sent if you have access to it, or one of the official languages of the State of registration otherwise.
Notice of such letter must personally made the alleged infringer.
5. In disciplinary proceedings instituted as a result of exchange of information under this provision, the documents notify the alleged offender will be sent in the language of the vehicle registration document or one of the official languages of the State of registration.
Search data that can access the Spanish competent bodies
1. Data concerning vehicle:
- Registration number.
- Member State of registration.
2. Data concerning the offense:
- Member State of the offense.
- Date of infringement.
- Time of the infringement.
- Type code corresponding infringement according to the following table:
Type of offense
Driving rates higher than those established statutorily alcohol.
No use of seat belts or other approved restraint systems.
Failing to stop at a red light or place prescribed by the signal "stop".
A forbidden lane, improper on the shoulder or a reserved lane traffic for certain users.
Driving with the presence of drugs in the body.
No protective helmet use.
Using your mobile phone or any other communication devices while driving when not allowed.
Information to be provided by the Spanish competent bodies
1. Vehicle data:
- Registration number.
- Chassis number.
- Member State of registration.
- Category Code EU.
2. Data holders, regular drivers or long-term tenants:
- Last name or company name.
- Date of birth.
- Legal status, physical or legal person; particular association, partnership, etc.
- ID Number: Number of identity card, alien identification number, tax identification number of legal persons and entities without legal personality.
[Name, address and telephone number of sender]
[Name and address of addressee]
Concerning an infringement of traffic on road safety committed in
[Name of Member State in which the offense was committed]
[Date] [Name of responsible body]
Detected a traffic violation in road safety committed with the vehicle with registration number ....... ...., Mark .......... ...... ...., Model ............ .. ............ ..
[Option no. 1] (1) His name appears in the records as holder of the abovementioned vehicle.
[Option no. 2] (1) The permit holder has the abovementioned vehicle that you were driving the vehicle at the time of the commission of the offense of trafficking in road safety.
The relevant details of the offense are described below (page 3)
The amount of the financial penalty due for this offense is ... ............ EUR / [national currency].
The payment period expires .......................................................
You are advised complete the attached reply form (page 4) and send to the above address, if not to pay the financial penalty.
This letter shall be processed in accordance with national law .................. with ..
[Name of Member State of the offense].
(1) Delete as appropriate.
Relevant information concerning the infringement
A) Data concerning the vehicle with which the offense was committed:
Registration number: ............................................................ .......... ...... ..
Member State of registration: ............................................. ......... .......
Brand and model: .................................................................. ......... .........
b) Data concerning the offense :
Place, date and time it was committed: ..................................... ...........................
Nature and legal classification of the offense: .................................... ........ ....
Speeding, non-use of seat belts or other approved restraint system, failing to stop at a red light or place prescribed by the sign "stop", driving rates higher alcohol to the regulations established , driving with presence of drugs in the body, no helmet protection, a forbidden lane, improper driving on the hard shoulder or a reserved lane for certain users, use of mobile phones or any other communication device during the driving when not allowed (1):
Detailed description of the offense: ........................... ...... ......................
Reference to the relevant legal provisions: ........................ .. ......... ...
Description or reference to the evidence for the offense: .............................. ..
C) Data concerning the device used for detecting the offense (2):
Type device used to detect speeding, non-use of seat belts or other approved restraint system, failing to stop at a red light or place prescribed by the sign "stop", the driving rates higher than those established statutorily alcohol, driving with presence of drugs in the body, not using helmet protection, a forbidden lane, improper driving on the hard shoulder or a reserved lane for certain users, the use of mobile phone or any other communication devices while driving when not allowed (1):
Device Specifications: ............................................................ ..
Device identification number. ............................................. ... ..
Expiration date of last calibration: .......................................... ..
D) Result of the device application:
[Example for speeding; other offenses to be added:]
Maximum speed: ... ... ...............
measured speed: ... .. ............... ..
Measured speed corrected for margin of error, if applicable: ... ... ......
(1) Delete as appropriate.
(2) Not applicable if no device has been used.
Response Form (To be completed in capitals)
A. Identity of the driver:
Full name (s): ............................................................ ......... ... ... ..
Place and date of birth: ............ ................................................... .. .....
Driving license number: ................ ....... issued on (date) ... ... ... .. (place): ................................. . Address: ..................... ............... ............... .....
1. Are you registered in your name brand vehicle and registration ...... ....... ........................ ..................... .....? yes / no (1)
If not, the holder of the registration certificate is: ............... …..............................................................................................................................….
[Name (s) and name, address]
2. Do you acknowledge that committed the offense? yes / no (1)
3. If you do not recognize, explain why:
(1) Delete as appropriate.
to the following address ........................ ...:
Please send the completed form within 60 days from the date of this information letter to the following authority ... .. ........ ... ........ ................................. Information
This case will be examined by the competent authority .............................................................................................................................…………….
[Name of Member State of offense]
If the proceedings are suspended, will be informed within 60 days after receipt of the reply form.
If this case is pursued, the following procedure shall apply: …..................................................................................................................................………
[Note by the Member State of offense of the procedure followed, with information on the possibility of appeal against the decision to continue the proceedings and the procedure for doing so. In any case, the information shall include: the name and address of the authority in charge of pursuing the case; the payment period; the name and address of the relevant resource; the appeal period].
This information letter, in itself, has no legal consequences. "
Final disposition third. competential title.
This Act is issued under the provisions of Article 149.1.6.ª of the Spanish Constitution, which grants the State exclusive legislation in commercial matters.
Fourth final provision. Enabling the Government.
It enables the Government to issue any provisions necessary for the application and development of this Law.
Final provision fifth. Entry into force.
This Law shall enter into force on 1 January 2016.
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, September 22, 2015.
The Prime Minister,
Rajoy Brey ANNEX
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