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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 333. Vehicle accident report form
Tuesday, August 17, 2010 @ 12:15 PM


The majority of accidents in Spain are processed by the CIDE/ASCIDE agreement.  These are accidents in which a vehicle accident report form is completed.

The difference between completing an accident report form correctly and incorrectly can mean a delay of many days in the satisfactory resolution of the accident and the repair of the vehicle.

Three in every four drivers do not know how to use the accident report form for many reasons such as the stressful circumstances following a traffic accident which can reduce our response capabilities, the technical language used in the form itself and not taking sufficient time.

The most frequent mistakes made by drivers when filling in the accident report form are, amongst others;  the apportioning of blame which is not their duty, but the duty of the insurers, the drawing of the diagram of the accident or the lack of details which is generally limited to taking the details of the other party and obtaining their signature without having reflected on who is responsible for the accident.

The consequences of not correctly completing the accident report form can give rise to various issues; it becomes more difficult to prove the facts and responsibility, there are delays in the periods for claims and the resolution of the accident and, consequently, the repair to the vehicle.

Advice:

The most important issue in this situation is to avoid a further accident, so therefore you must immediately move the vehicles to the nearest safe place.  If it is not possible to move the vehicle  due to the damage caused, make the situation as visible as possible to other drivers.

If possible before moving the vehicles, take photographs of the vehicles involved showing their final position in relation to the road on which they were travelling.

Never argue with the other party concerning the blame for the accident for two fundamental reasons.  Firstly, as previously mentioned, it is the job of the insurance companies to assign responsibility and secondly, this information is not required on any part of the accident report form.

Nevertheless, there are many reasons why the presence of the police may be required, such as if the accident is serious, there are injuries, the other party attempts to or has fled the scene of the accident, if one of the drivers is found to be under the influence of alcohol or drugs, when more than two vehicles are involved and errors can be made in putting together the various reports, when the other party refuses to identify himself or when he/she refuses to sign the declaration after having completed it.

If the accident is between people of different nationalities, the Green Card or the international insurance must be requested.  The accident report form may of course be completed in a foreign language as the headings are numbered for translation purposes.

Villa Capistrano, Nerja, Málaga by Roberto Pecino at Flickr.com

 



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