ICAM advocates to strengthen the protection of victims of traffic accidents with a package of changes to the project to change the Law on Civil Liability and Insurance in the circulation of motor vehicles – ICAM – Illustrious College of Lawyers of Madrid

• In agreement with the associations of lawyers of victims at the national level, the legal professor of Madrid proposes a series of measures within the framework of the parliamentary reform of the Law on civil liability and insurance in the distribution of motor vehicles.

The Madrid Bar Association has presented a set of changes to the upcoming bill amending the Law on Civil Liability and Insurance in the Distribution of Motor Vehicles. Prepared in agreement with the bar associations representing accident victims at national level, the aim is to promote greater fairness and coherence in the compensation of victims, applying the principles comprehensive compensation and justice in compensation.

In a letter sent to the speakers of the parliamentary groups in the Commission for the Economy, Trade and Digital Transformation, the Dean of ICAM has appealed that political representatives are willing to deal with ICAM’s recommendations to protect victims to strengthen. “We hope that these recommendations will be taken into account and will contribute to the development of regulations for the benefit of the victims of traffic accidents and society as a whole,” he said. Eugenio Ribon.

The package of changes proposed by the collegiate entity includes a number of recommendations, many of them technical in nature, from adopting more inclusive language to implementing measures that provide free access to reports accident or automatic renewal of compensation according to the cost. of being alive.

An excerpt of some of the proposed changes:

• Inclusive and sensitive language: It is proposed to replace the word “injury” with “victim of injury” in the articles, seeking not only gender neutrality, but more sensitivity to regarding the damage suffered.
• Objective civil liability in property damage: The ICAM calls for the elimination of the subjective element of civil liability, to apply the same criteria of objective liability as in personal injury.
• Free access to reports: It is recommended that victims and their representatives have access to traffic reports free of charge, even if they are in court, to avoid additional costs and delays.
• Identification of health centers as injured parties: It is proposed that the centers that care for victims can directly claim the costs arising from their care without depending on their active legitimacy.
• Automatic update of compensation: In order to protect the purchasing power of victims, an annual adjustment of compensation according to the consumer price index (CPI) is considered necessary.
• Abolition of limits on technical assistance for major injuries: It is proposed that there be no limits on technical assistance compensation and assistance products for victims of major injuries, based on the principle of full reimbursement.
• Recognition of both parents in the event of fetal loss: In the event of fetal loss as a result of a traffic accident, the ICAM requests that consideration be given to including the non-pregnant parent as a recipient of compensation, and thus recognizing their suffering. of both parents.

To Manuel Castellanos, president of the Insurance and Civil Liability section of ICAM, these changes reflect ICAM’s commitment to protecting the rights of traffic accident victims. “At ICAM we understand that a fair society is one that ensures strong and effective support for those who have suffered as a result of an accident. With these recommendations, we try to guarantee that victims receive fair compensation, appropriate according to their real needs, and that the system gives them a response that is compatible with this situation – their vulnerability. We must work so that the so-called scale of human trafficking is truly fully and structurally compensated for the damage done to the victims and that the current situation of restriction and to change the parameters of the compensation assessment system itself,” he said.