The rate of the traffic accident scale has increased by 3.8% this year 2024 compared to the figures for the previous year.

Why has the scale been raised in 2024?

This does not mean that the rule is changed every year. Since it came into force in 2016, the way of applying the scale is always the same, what is modified are the amounts that the victim will be entitled to claim. 

The 3.8% increase in 2024 is the Government's response to the increase in the average CPI between December 2022 and November 2023. In the same way that it affects pensions, based on Art. 49 of the LRCSCVM, the road accident scale also sees its percentage and amounts increase. 

If the rise in pensions directly affects the schedule of scales, the same happens with the minimum wage, whose rise directly affects the items of loss of earnings due to temporary injuries for injured persons with exclusive dedication to housework, in addition to the net income that must be taken into account to calculate this section.

Finally, the rise in the minimum wage also affects the cost of third-party assistance services as well as the aforementioned calculation of loss of earnings, but on this occasion due to the total or total incapacity of injured persons who have not yet entered the labour market.

Compensation for road traffic accidents 2024

With this increase, the daily compensation for temporary injuries, one of the most consulted indexes, would look like this: 

• Very serious day = 123,55€.
• Severe day = 92,66€ 
• Moderate day = 64,25€.
• Basic day = 37,06€.

When does the 2024 accident scale come into force?

Although it came into force with the arrival of the new year, this does not mean that it applies to accidents that occurred in that year. 

According to the first point of article 40 of the LRCSCVM, the updates must be applied at the moment at which the compensation is determined, either by amicable agreement or by a court decision.

Thus, the 2024 schedule will apply to all decisions dated in this year, regardless of when the accident or collision occurred.

If you have been involved in a traffic accident, regardless of the vehicle or the circumstances, do not hesitate to contact Trafilex, the law firm dedicated exclusively to the defence of victims of traffic accidents or road traffic accidents.

After 20 years of applying an obsolete system for the valuation of damages caused to people in traffic accidents, on 1^st January 2016, a new system came into force (Law 35/2015, of 22^nd September, reforming the system for the valuation of damages caused to people in traffic accidents) which came into force, correcting a large part of the previous one, providing us with a complex system composed of tables and concepts, based on the circumstantial casuistry that could occur in the victims.

The system advocates, this time more correctly, as fundamental principles:

1. Principle of full reparation: it assumes full indemnity for the damages caused.

2.     Principle of articulation: it requires that patrimonial and non-patrimonial loss be assessed separately and, within each other, the different concepts.

What elements make up the compensation

First of all, it is important to recognise all the items included in the Schedule to compensate those damages which, consequently, are liable for compensation.

The structure of the Schedule is clear, concrete and simple, leaving little room for discretion, offering a method of compensation that starts with whether, after the traffic accident, the object of assessment is death, permanent incapacity or sequelae or temporary incapacity. In each of them, there are 3 concepts that are the object of compensation; the basic personal injury, the particular personal injury and the patrimonial loss.  Below we show the structure of the Schedule.

CALCULATION OF COMPENSATION FOR PERSONAL INJURY IN CASES OF TEMPORARY DISABILITY AND SEQUELAE

This section will focus on the calculation of compensation in situations 2 and 3, after-effects and temporary disability. The case of death, due to its complexity, will be dealt with in a separate post later on.

- TEMPORARY INCAPACITY. WE TURN TO TABLES 3.A, 3.B and 3.

Table 3 (A, B and C) values the damage caused within the period from the time of the accident until the date of injury stabilisation or medical discharge, whether personal, assigning an amount per day depending on whether it is classified as basic, moderate, serious or very serious. And patrimonial, depending on the amounts that are accredited as having been borne.

-AFTEREFFECTS or SEQUELAE. Tables A, 2. B and 2.

Sequelae are the physical, intellectual, organic and sensory impairments and aesthetic damage that derive from an injury and remain after the healing process is complete. And for this, we turn to Table 2:

TABLE 2.A.1 corresponds to the medical scale, and the BASIC PERSONAL INJURY.  

Locate the sequela in question within the Medical Scale, and observe that a range appears for each one of them. This is the score that corresponds to that sequela, and within which the corresponding number of points will be assigned.

Once the score has been assigned, we turn to the following table.

TABLE 2.A.2. ECONOMIC SCALE

This table, which is easy to apply, shows the economic valuation of our injuries, according to the number of points assigned to the specific injury and according to the age of the injured person.

TABLE 2.B. PARTICULAR PERSONAL INJURY

Table 2.B, will be used only in those cases in which the sequela suffered exceeds a certain number of points. It is a table that compensates in an extra way those cases in which the damages are of greater severity.

TABLE 2.C. PECUNIARY DAMAGE or PATRIMONIAL LOSS

Table 2.C guarantees compensation for present and future pecuniary damage, if any, caused to the injured party.

And finally, a simple example:

A 31-year-old male cook with 2 sequelae and 95 days of temporary incapacity, 30 of which he was on sick leave, during which time he received his full salary.

We turn to Table 3 to quantify the period of temporary incapacity, i.e. the number of days.  In this sense, 30*64.25 and 65*37.06 = 4,336.4 euros.

On the other hand, we turn to Table 2, first to the medical scale to identify our sequela, then to the economic scale to quantify it. In this way, we extract that a person of 31 years of age with two points of sequela corresponds to 2,073.93 euros.

Since in our example there are no other damages, the total amount to be compensated is 6,410.33 euros.

If you have a vehicle and you are driving it, you are exposed to the risk of suffering a traffic accident, which is why it is of vital importance how to act if you have suffered an accident and have sustained minor injuries. This type of accident accounts for the highest percentage of accidents on our roads.

Beforehand, we would like to inform you that you do not have the duty to bear the injuries you have suffered as a result of a traffic accident for which you are not responsible. You are therefore entitled to compensation to compensate for the personal injuries you have suffered.

Exchange of information between the parties involved

The first thing you should do when you have an accident with your vehicle, or are hit by a car, is to exchange personal details, vehicle registration numbers and insurance companies with the other party. This would be normal, but up to 4 cases can occur after a traffic accident.

That the parties involved agree

The parties involved agree on what has happened and share their version of events, and this is reflected in the accident report. This must be signed by both parties to be valid, and each party must keep a signed copy.

The parties involved do not agree

In this case, the most advisable thing to do is to call the police so that they can make a police report. The negative side of this situation is that the management of the claim may be delayed, as the insurers must agree on who was at fault.

If no friendly report is made and the police are not called in

If there is no friendly report or police report and there is no understanding between the parties involved, it is obligatory to exchange information so that each party involved reports the accident to their insurance company. 

If the other party involved does not provide us with the data

If the other party does not cooperate in providing us with the information, it is essential that we at least take note of the registration or plate number in order to be able to identify the owner of the vehicle and the insurance company.

In the event that the other party involved does not agree and does not want to provide their details, the correct thing to do is to take note of their number plate so that we can report the accident to the insurance company and identify the vehicle of the other party involved.

Medical assistance

Secondly, it is of vital importance that you receive first medical assistance in any medical centre, within a maximum period of 72 hours from the occurrence of the accident.

Inform the insurance company of the accident

Next, call your insurance company to report the accident, explaining the dynamics of the accident and indicating if there are any injuries. The Insurance Contract Law establishes a period of 7 days to make this notification.

Compensation if there are injuries

Finally, you should know that you have the right to receive free medical treatment to heal your injuries, as well as medical assistance from the corresponding doctor until you are definitively discharged. 

This can be carried out in various clinics of your choice, depending on the proximity to your home. 

Once your injuries are stabilised and you have been discharged, your injuries can be assessed and it is time to claim your compensation.

When an accident occurs, many people are unaware of the rights of those travelling as passengers in the vehicles involved in the accident, especially if the driver is responsible for the accident. For this reason, we are going to explain what compensation can be claimed by passengers in a traffic accident.  

First of all, we should make clear that no matter what type of vehicle they are travelling in, nor whether the driver is responsible. Passengers or occupants are always considered to be victims in the accident. They are therefore entitled to compensation for the damages they have suffered.

 After an accident, it is essential to clarify who is at fault, in order to know which insurance company will be responsible for compensating the injured parties. However, fault is only attributed to the driver of the vehicle and never to the passengers, except in these cases:  

• If the occupants of the vehicle were travelling in breach of safety regulations, such as the compulsory use of seat belts or helmets, then the amount of their compensation will be lower, as they are considered to have contributed to the aggravation of the damage.

• If the accident vehicle is stolen and its occupants were travelling in it knowing this situation. 

Next we will analyse what rights the occupants have depending on the type of vehicle they are travelling in and the responsibility of its driver in the accident.

Motorbike accident 

In cases where the vehicle involved in the accident is a motorbike or moped, the person travelling as a passenger has the right to claim compensation for injuries and material damage suffered. 

If the driver of the motorbike is at fault in the accident, then it will be the insurer's responsibility to compensate not only the passenger, but also the other injured parties, if any. On the other hand, if a third party is at fault, his or her insurance company will be responsible for compensating all the victims, including the driver of the motorbike.    

Private car accident 

Both the co-driver and the other passengers in a private car can claim financial compensation for damages suffered in a traffic accident. 

The insurance company of the driver of the vehicle that was at fault in the accident will be responsible for compensating all the victims. Therefore, if the person who was driving the vehicle in which you were travelling is responsible, his insurance company will pay your compensation and that of the rest of the injured parties, if there are any.

On the other hand, if the accident was caused by the driver of the opposite vehicle, then his or her insurer will be responsible for compensating the injured parties, including the driver.

Taxi accident 

If at the time of the accident you were travelling as a passenger in a public means of transport, such as a taxi, your rights are the same as in the case of travelling in a private car. Therefore, you will be able to claim compensation for the injuries and damages you have suffered. 

In this case, the insurer of the vehicle responsible for the accident will also be responsible for paying compensation to the injured parties. 

Compensation for common companions

There are different types of compensation that can be claimed by an occupant or passenger of a vehicle after a traffic accident, the most common are the following: 

• Compensation for temporary injuries. This compensation will cover the days that the recovery of the injuries has lasted, each day being valued according to the damage caused to the victim (very serious, serious, moderate, basic). Likewise, the injured party will be compensated for:

• Each operation or surgical intervention required.
• Loss of quality of life.  

• Compensation for after-effects. Once the temporary injuries have healed or stabilised and the medical discharge has been received, if there are after-effects, a doctor specialised in the assessment of the damage must assess them by points and depending on this score, they will be assigned an amount that will be the amount of the compensation.    

• Compensation for patrimonial damage. Here compensation may be claimed for:
• Material damage to personal objects suffered in the accident.
• The costs of medical care, medicines, etc., incurred as a direct consequence of the accident.
• Income lost as a result of sick leave. 
• Compensation for death. In these cases, the calculation takes into consideration the age of the victim, the relationship of the injured party claiming compensation and family circumstances, among other matters.

However, in any traffic accident, several factors must be considered in order for victims to be able to claim fair compensation. It is therefore advisable to enlist the help of a lawyer specialising in road traffic accident compensation.

One of the most disabling injuries that a person can suffer after a traffic accident is quadriplegia. This condition damages severely the spinal cord above the thoracic vertebra and although it can present itself in many forms, the most common is the irreversible, partial or total paralysis of the trunk and limbs. Its consequences not only affect the victim for life, but also his or her family and relatives, which is why calculating the amount of compensation for quadriplegia after a traffic accident is very complex.

If you want to know what compensation for quadriplegia consists of, here are the most important aspects to take into account in this type of claim.

What is the compensation for quadriplegia in an accident? 

Quadriplegia is synonymous with disability, as it is one of the most serious spinal traumas that exist. For medical science, the possibilities of reversing the extent of this injury are very low or practically nil, although in specific cases, some victims may recover a fraction of mobility in some of their limbs after a tough rehabilitation process. 

Therefore, quadriplegia means a radical change in the life of the injured people and that of their relatives, as they need constant care and attention in their day-to-day life. For this reason, Law 35/2015 in the schedule of compensation for traffic accidents contemplates different items for calculating compensation for quadriplegia, which we will explain below. 

Compensation for quadriplegia that can be claimed for

In a claim for compensation for tetraplegia, the affected person can request compensation for temporary injuries, for the time that elapses between the traffic accident and the stabilisation of the injury, and also for permanent injuries or sequelae.

In addition, compensation can also be claimed for pecuniary damage. That is to say, for the medical expenses incurred since the accident occurred and for those that you will have to pay for the rest of your life, as well as for the income that you will no longer be able to earn because you will no longer be able to carry out your professional activity as before the accident.  

Temporary injuries 

Compensation for temporary injuries compensates for the damage caused to the victim during the period of healing or stabilisation of his or her injuries. If the injured person suffers a quadriplegia, he/she is entitled to claim this type of compensation. 

The amount will depend on the number of days and the type of damage caused to the victim:  

• Days in the ICU: very serious injury.
• Days of hospitalisation: serious injury.
• Days of incapacity: moderate harm.
• Non-impeding days: basic injury.

In addition, for each of the operations or surgical interventions required by the injured party, compensation may also be requested. The amount will depend on the group of surgical interventions to which each operation belongs.

After-effects (Particular Damage - Table 2.A) 

Although quadriplegia can be compensated as a temporary injury, once it is stabilised, since it causes irreversible damage, it becomes a permanent injury or sequela. Therefore, the affected person is also entitled to claim compensation for this concept.   

The valuation of the after-effects of quadriplegia depends on the area of the spinal column that has suffered the damage. According to the scale, there are three zones and depending on these, the injury is scored from 0 to 100:

• From vertebra C1 to C4 (no mobility): 100 points.
• From vertebrae C5 to C6 (mobility of the shoulder and scapular girdle): between 96 and 98 points.
• From vertebrae C7 to C8 (mobility of the upper limbs): between 93 and 95 points.

In addition, the scale establishes an increase in the amount of this compensation depending on the particular damage that the sequela cause to the victim. These damages are:

• Additional moral damages for psychophysical harm.
• Complementary moral damages for aesthetic damage.
• Moral damages for loss of quality of life.
• Moral damages for loss of quality of life of family members.
• Loss of the foetus as a result of the accident. 
• Exceptional damage. 

Patrimonial loss (Emerging damage - Table 2.C). 

In a compensation for quadriplegia, compensation can also be claimed for the pecuniary loss caused to the injured person. In other words, for all the costs of health care, hospitalisation, pharmaceutical treatment, etc., that the injured person has needed during the healing period of the temporary injuries. 

The compensation in this case will be paid directly to the hospital that has provided the medical care, so that the injured party does not have to pay for them.  

Likewise, within the compensation for pecuniary damage, all the future expenses that the injured person will have to bear throughout his life will be included, given his or her after-effects. This amount will be paid directly to the victim.  

These future expenses are: 

• The prostheses and orthosis required by medical prescription.
• Physiotherapy and occupational therapy treatments required.
• Expenses caused by the loss of personal autonomy to carry out the essential activities of ordinary life.
• Instruments, equipment or systems prescribed by medical report to alleviate the limitations caused by the disability.
• Adaptation of the home to adapt it to the needs of the injured person.
• Adaptation of the vehicle used by the injured person or the cost of the journeys. 
• Help from a third person in the home to carry out non-medical activities. 

The amounts corresponding to all these expenses are included in Table 2.C of the scale included in Law 35/2015, of 22 September. 

Responsible for awarding compensation 

As in any other compensation for a traffic accident, the insurance company of the vehicle that caused the accident will be responsible for compensating the victim of tetraplegia for all these concepts we have seen. 

Income Loss 

As is obvious, a person who suffers a quadriplegia cannot return to work as he/she did before the traffic accident. This entails an additional financial loss caused to the victim, whose compensation must be added to the consequential loss mentioned above. 

We are talking about Income loss, which refers to the income that the person will no longer receive as a consequence of the sequela of their injury. 

The amount of this compensation depends on the employment situation of the injured person at the time of the accident: 

• If he/she was working, he/she will be granted permanent incapacity:
• Partial, if he can carry out certain tasks of his professional activity.
• Total, if he or she is unable to carry out his professional activity.
• Absolute, if he or she is unable to carry out any type of professional activity.

• If you were not working, the scale includes an item for incapacity to enter the labour market.

To calculate the amount of compensation for income loss, according to Law 35/2015, it is necessary to take into account what the injured party's income was before the accident. If the injured party was unemployed, the unemployment benefits they were receiving will be used for the calculation and if they were not entitled to benefits, the minimum annual interprofessional wage will be considered as income.

Whiplash is one of the most common injuries suffered by traffic accident victims.

On 1 January 2016, Law 35/2015, of 22^nd September, on the reform of the system for the assessment of damages caused to people in traffic accidents, came into force.

This legislation marked a turning point in claims for compensation for traffic accidents, favouring the successful outcome of accidents with major injuries and deaths, to the detriment of those injured who suffer the famous whiplash, so common in medium to minor traffic accidents, making it difficult from that moment on to close compensation claims for this injury.

To a large extent, Article 135.2 of Law 35/2015 is responsible for this situation:

 "2. The sequel deriving from a minor cervical traumatism is compensated only if a conclusive medical report accredits its existence after the period of temporary injury."

This means that, when applying for sequelae (not days of temporary incapacity) for a minor cervical injury, we find ourselves with a barrier, which did not exist before the reform. That is, the conclusive medical report.

It so happens that the definition of what is considered to be a conclusive medical report is a controversial issue to this day, on which our Courts have pronounced on different lines, without there being a unanimous Doctrine on the matter or a clear concept. 

That is why, at Trafilex, aware of the complex situation in which the new law places us with regard to whiplash or neck pains, we meticulously prioritise medical attention, and with it the evolution and discharge reports issued by our rehabilitation clinics that treat our clients. Reports which, in the opinion of our technical team, are really the Concluding Medical Report mentioned in the law, and therefore the fundamental basis for claiming the existing sequelae at the time of stabilisation of the injury, so that the injured person receives the compensation for whiplash that really corresponds to him/her.

Many people are unaware that they are entitled to compensation if, after suffering serious injuries in a traffic accident, they need an operation. Compensation for surgery due to a traffic accident is contemplated in Law 35/2015, of 22^nd September, which is why it was included for the first time in the 2016 schedule of rates. 

This type of compensation is formally called "personal injury due to surgery". It is included in the item intended to compensate the basic personal injury, just like the compensation for days of admission to the ICU, hospital admission or days of sick leave. 

We want to answer all your questions, so we have prepared this guide to explain everything you need to know about compensation for surgery.

What is considered a surgical operation? 

Although it is commonly called surgery, it is actually correct to speak of an operation or surgical operation, since it involves operating, either totally or partially, on a wound or injury caused in this case by a traffic accident. 

The aim of a surgical operation is to diagnose, treat or rehabilitate the damage, regardless of whether its extent is greater or lesser, with the help of specialised instruments, local or general anaesthesia, and the necessary disinfection and sterilisation measures.  

How is compensation for surgery in a traffic accident calculated? 
 

According to the system for the valuation of damages caused in traffic accidents, the calculation of the compensation with which the injured party will be compensated for each of the surgical operations required will depend on their complexity, whether their life is in danger, the type of anaesthesia to be used and the technical characteristics of the operation.

Article 140 of Law 35/2015 of 22^nd September includes a table indicating a minimum and a maximum amount for each type of operation. According to this, each surgery can be compensated with a minimum of €400 and a maximum of €1,600.

Therefore, in order to calculate this type of compensation, it is very important to determine which Surgical Operation Group the operation belongs to, so below we will see what this is and how it works.

Group of surgical operations and how it works 

Taking into account what we have seen in the previous section, a Group of Surgical Procedures is a category in which a series of operations or procedures are classified according to their characteristics, complexity, etc. Therefore, in order to be able to calculate the exact amount of compensation, it is necessary to classify the procedure suffered by the victim in a specific group.  

For this purpose, the Terminological Classification and Codification of Medical Acts and Techniques establishes nine groups or categories, as follows:

• Group 0 (from 400 to 500 €): suture of wounds or treatment and cleaning of burns.
• Group 1 (from 501 to 600 €): simple bone fracture or extraction of foreign bodies in the face and neck, among others.
• Group 2 (from 601 to 700 €): among others, suture of serious wounds, muscle tears or orthopaedic mobilisation of shoulder, knee, etc., under anaesthesia.
• Group 3 (from 701 to 850 €): muscle tears, medium burns or joint injuries without fracture, among others. 
• Group 4 (from €851 to €1,000): including tendon ruptures, ligament reconstruction, open fractures or amputation of limbs.
• Group 5 (from €1,001 to €1,150): serious fractures or dislocations, herniated discs, etc.
• Group 6 (from €1,151 to €1,300): bone, muscle or skin grafts, among others.
• Group 7 (from €1,301 to €1,450): transplants and complex reconstructions, among others.
• Group 8 (from €1,451 to €1,600): surgical correction of the spine, reimplanted limb, among others. 

However, it is sometimes difficult to classify a surgical operation in a specific group, which is why the procedure of a medical expert and a lawyer specialising in road accident compensation is necessary. 

Can surgical operation overlap with other concepts? 

Compensation for surgical operation is an autonomous and independent item within the section that compensates the basic personal damage suffered due to temporary injuries caused by a traffic accident. That is to say, this concept does not overlap with any other concept, therefore, the days of hospitalisation or the sequelae that are a consequence of this operation must be valued and compensated separately under other items. 

Most frequent road traffic accident injuries requiring surgery 

In traffic accidents, whether by car, motorbike or moped, there are always a series of injuries that are repeated more frequently and that usually require surgical operation:

• Concussions and other head contusions.
• Nasal fractures and severe blows to the face.
• Simple or open fractures, especially in the lower limbs. 
• Burns of varying degrees. 
• Crushing or amputation of a limb.

Different surgeries, separate compensation. 

Sometimes, there are injuries that require more than one surgical intervention for their treatment, stabilisation or rehabilitation. Therefore, the injured person can claim compensation for each of the operations needed to repair the damage suffered in a traffic accident. Furthermore, there is no maximum number of operations that can be compensated, but rather each and every one of them can be claimed.

For many people it is already their favourite means of transport in the city. However, for the vast majority of them, many doubts still arise when they face the situation of having to file a claim for compensation for an electric scooter accident. The reason is that until January 2021, when the regulation on personal mobility vehicles (VMP) came into force, there was no specific regulation in these cases, so it was necessary to resort to the different municipal ordinances and regulations of each city council.

In this article, we explain how to act if you suffer an accident on an electric scooter. 

Accident as an electric scooter rider

As in any other traffic accident, if as the driver of an electric scooter you are hit by a motor vehicle and it is proven that you are not at fault, you have the right to claim compensation from your insurer for all the personal and material damages caused to you. On the other hand, if you are at fault, you cannot claim any amount. 

Also in accidents involving an electric scooter, there is "contributory fault". In other words, when it is not clear who is solely liable, both the scooter driver and the driver of the motor vehicle can claim compensation from the insurance company. The amount they will receive will be proportional to the degree of fault they each have in the accident.   

However, in the event that the other party involved is another vehicle which, like the electric scooter, is not obliged to have liability insurance, then a legal claim will have to be made against the other driver, who will be liable with his or her personal assets.

Claiming compensation 

As in any accident, it is very important to clarify the circumstances and liability in order to know who to claim compensation from. 

The way in which financial compensation is calculated is the same in an electric scooter accident as in any other traffic accident. It will be necessary to use the damage assessment system established by Law 35/2015, of 22^nd September. 

This system establishes the following items for which you can claim if you suffer a scooter accident. 

Compensation for temporary injuries in scooter accidents 

In this item, the victim of a scooter accident will be compensated for the days that pass since the accident occurred, until the date on which he/she finishes his/her rehabilitation treatment for the temporary injuries suffered or medical discharge. 

According to the accident scale, each day will be valued with a different amount depending on the damage it entails for the injured party. For this purpose, the days are classified as follows:

• Days of very serious particular harm: when there is admission to the ICU.
• Days of serious particular harm: the days of hospital admission.
• Days of moderate particular harm: when the injured person is on sick leave.
• Days of basic personal injury: all other days.

In addition, the injured person will also be financially compensated for each of the surgical interventions that he/she needs.

Compensation for after-effects of a scooter accident

The compensation for after-effects or permanent disability will compensate the physical, aesthetic and psychological damages that remain after the healing or rehabilitation treatment has been completed. 

The after-effects are assessed on the basis of a points system in the accident scale. This table is used by a doctor specialised in the valuation of the injury to draw up a report in which he assigns a determined score to each after-effect.

Based on this report and taking into account the age of the injured party, the amount to be claimed under this heading will be established. In addition, an additional amount can be claimed in case the victim's personal autonomy has been affected. This amount will depend on whether the loss of quality of life is very serious, serious, moderate or slight. 

Compensation for patrimonial loss 

Here, under this heading, the victim will be compensated for the financial loss suffered as a result of the scooter accident. 

When claiming compensation for patrimonial injury, we have to take into account three types of damage:

• The material damage caused to the scooter or other personal belongings that the victim was carrying at the time of the accident and which were damaged.
• Emerging damage, which refers to all the health care expenses incurred by the injured party during the healing period, as well as those resulting from the after-effects.
• Loss of earnings. That is, the income that has ceased to be received after the traffic accident as a result of the injuries suffered.

Example of compensation 

Here is an example of compensation for an electric scooter accident received in 2021. The schedule is updated every year, so this amount may vary at present. 

While riding his scooter, J. S., who was 35 years old at the time, was hit by a car that ran a stop sign. As a result, J.S. suffered a series of injuries for which he received the following compensation: 

• Moderate personal injury (days off work): 61 days x 54.78 €/day = 3,341.58 €.
• Basic personal injury (remaining days until rehabilitation is completed): 61 x 31.61 €/day = 1,928.21 €.
• After-effects: 

• Pain in shoulder (3 points) = 2.676,82 €.
• Slight aesthetic damage (4 points) = €3,647.05

• Patrimonial Injury:

• Repair of scooter and helmet = 300 €.
• Loss of earning = 500 €.
• Emerging damage (pharmacy expenses) = 120 €.

The total amount of compensation was €12,513.66.

How long does it take to receive compensation? 

The time it takes for the victim to receive compensation for the electric scooter accident depends on two factors:

• How long it takes to recover or stabilise the temporary injuries sustained and therefore to obtain a medical discharge.
• The willingness of the insurance company.

Once the recovery treatment is completed, then the after-effects, if any, and the extent of the patrimonial injury must be quantified. 

After submitting the claim for compensation to the insurer, the injured party will receive a reasoned offer from the insurer. Depending on whether or not the offer is accepted, the time to receive compensation will vary.

If the victim accepts the insurance company's offer, he will receive his compensation within 30 days maximum. If, on the other hand, the victim considers that the offer does not correspond to the damages suffered, he or she will have to claim through the courts. In that case, the recovery may be delayed for months or years depending on the court and whether the insurer wants to settle out of court.   

Problems in electric scooter accidents 

Following the boom of electric scooter in recent years and the consequent increase in the number of accidents involving electric scooters, a number of problems have been identified which are common in this type of accident and which have an impact on the claim for compensation:

• The injuries that victims often suffer are more similar to those of a motorcyclist than to those of a cyclist. This will therefore influence both the compensation for temporary injuries and the compensation for after-effects.   
• Lack of knowledge of the rules applicable to electric scooters. Many scooter riders are minors who do not know the rules of the road. In these cases, it is their legal guardians who must take responsibility for any damage they cause. 
• Speeding, riding without wearing a helmet, listening to music or without reflective or audible elements that warn other drivers of their presence. In the event that liability is attributable to negligence on the part of the scooter driver, he/she will lose the right to claim any type of compensation. 

Advice after an electric scooter accident

We give you the following advice so that in the event of a electric scooter accident, you know what to do: 

• No matter if you have not suffered serious injuries, call 112 or go to the hospital within 72 hours. Damage often appears within hours of the accident. 

• Sometimes it is difficult to determine responsibility, so call the police or the Guardia Civil to draw up a report and clarify the causes and responsibility for the accident.

• It is advisable to have witnesses and collect their contact details in case their statement is necessary.

• If the driver of the accident tries to escape, try to memorise the number plate or the vehicle's characteristics.