Medical examiners hurt car accident victims

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Spain adds 873 fatal accidents until November, with a total of 953 deaths. This means 125 more deaths than a year ago, which shows the questionability of some measures taken to combat these indicators, such as the new road and road safety law passed last March.

Worldwide, it is estimated that approximately 1.3 million people lose their lives each year and cause collateral damage to more than 50 million. In Spain, the report on toxicological findings in road traffic accident victims revealed that
in 2021 traces of alcohol were found in 49.9% of the deceased on the road, that is, 420 lives lost to drink.

The National Association of Accident Victims and Civil Liability Lawyers (
Anava RC) has focused on the reform of the compensation scale, which “has suffered a significant loss of rights since the Penal Code reform of 2015 came into effect”.

According to the organization, “the total compensation of the victims is limited, starting with the amounts of the economic scale that are very low, for example, the compensation for days of personal injury, which are economically lower than what was reimbursed in the year 1994”.

“We had to make it clear that the compensation is not an increase in assets but a restitution of a previous loss, leading the minister of the department and the government spokesman to deny that it was the intention of the board to make the compensation taxable. However, the law they entered continues its process, so we remain very vigilant to make sure they keep their word,” he said.
Manuel Castellanospresident of Anava-RC.

«With almost a year’s delay, the technical bases of the traffic scale have been updated, but unfortunately the seriously injured will not be able to recover their rights. If we study the text of the recently published update, we see that some of the updates may even hurt some injured people financially,” Castellanos said.

Another claim that has been made is the
Economic update of the fee corresponding to the year 2022 according to the real increase in the pension index, above the initial forecasts of Unespa and the General Directorate of Insurance. “We urge to denounce the gradual loss of purchasing power of the compensation, which can only be resolved by amending Article 49 of the scale and that they be updated according to the real CPI and not according to the pension revaluation index as currently determined. », he condemned.

It has succeeded in amending the Penal Code again this year, correcting past mistakes, allowing accident victims to go to the criminal court to claim their damages and avoiding the huge files that were produced. Anava-RC welcomes the reform, but
raises the alarm about the lack of training that the Judiciary has offered to the forensic doctors of the criminal courts who today harm victims in their health reports through ignorance of the scale or through the influence the insurance industry has had on their assessments.

Six years after the entry into force of the new scale, it has been established that being the victim of an accident today turns claiming your rights into a long, winding, expensive road full of obstacles, without being aware of the state’s administration and justice that need special protection rather than complicating the work of claiming their rights. It gives the feeling that they have not only forgotten about the victims, but that they have tried to make a bite into compensation through the IRPF through taxes.

Source: La Verdad

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