Car accident lawyer free consultation
It has become a more and more popular topic to suggest that the victims of a traffic accident have a free lawyer at their disposal. Since, in these times, they are completely necessary to make compensation claims for damages suffered in an accident,
In this regard, the USA political party, together with its team of parliamentarians and partners, has decided to get down to work to make this a reality. which they intend to materialize through a series of amendments.
In this sense, in this article, the modifications that they want to make to some laws to achieve this objective will be studied. As well as its implications in the field of professional fees of those involved in a lawsuit for a compensation claim.
Car accident lawyer free consultation
Important things to know
On multiple occasions, the fact that compensation claims for traffic accidents would be carried out through criminal channels has been discussed. The reason for this is that reforms were made to the law, which obtained the approval of Congress, and the Senate is waiting to do the same.
This is relevant since the amendments that Podemos want to see made will be discussed in the upper house. However, it is curious that the political party is against compensation claims being made through criminal channels. Rather, I am requesting that civil jurisdiction be maintained, but with a greater balance between insurers and victims.
Hence the importance of their amendments, since they want to be said to be balanced and to be subject to the possession of free lawyers by the victims of the incident. as well as medical professionals specializing in the assessment of bodily harm and court attorneys.
Legal defense coverage
A large portion of motor vehicle insurance contracts contain legal defense coverage. Through them, insurers are responsible for covering all those expenses that come from the compensation claim made by their insured.
However, there are many insurers that establish limits on such coverage, among which the following stand out:
- Insurers limit the amount to be covered for legal defense, that is, the expenses derived from the legal claim, being between 600 and 3,000 euros.
- The amount that the insurer will reimburse the insured will not be the amount that the latter has paid to the lawyer. If not, the one that results from the calculation made with the book of fees from the professional association of the province that corresponds to the case in question.
- The legal defense coverage extends only to the expenses of the specialist legal professional and the judicial attorney. Therefore, it is not applicable, under any circumstances, to the other professionals who are involved in the compensation claim.
- The coverage will only benefit the driver of the vehicle and the insured person involved in the accident, so they will be the only ones who could have free lawyers. In the case of passengers or occupants of the car, insurance companies generally exclude them.
However, in the event of a traffic accident, the victim can hire their own lawyer and pay their fees to claim the corresponding compensation. Subsequently, he may request reimbursement, if he has legal defense coverage, of the expenses derived from the trial. Depending on the case, it could involve 100% of what was paid, or failing that, 40%.
On the other hand, in the event that the victim decides to make the claim for compensation through the insurer’s lawyer, this scenario may occur:
If a medical expert is necessary to assess the injuries and subsequently proceed to file the claim, the insurer will not pay for it. On the contrary, it will urge the insured to hire a private attorney or not to take action to obtain compensation. This is based on the fact that the legal defense coverage does not bear the expenses of said medical professionals.
We can and free traffic accident lawyers
Podemos, in its arduous task of ensuring that traffic accident victims have free lawyers, proposed, in its amendments, the modification of two articles.
In the first place, they wish to modify article 7, numeral 1, of Royal Legislative Decree 8/2004, of October 29, which would be worded as follows:
“The insurer, within the scope of compulsory insurance and charged to the compulsory subscription insurance, will have to satisfy the injured party of the amount of the damages suffered by his person and his property, as well as the expenses and other damages to which he is entitled, as established by the applicable regulations.
” Within these expenses and other damages, the necessary medical, assistance, or expert reports will be understood to determine the damage suffered by the victim or victims of the accident and, in the event of filing a lawsuit, the fees, and rights of legal defense and procedural representation. that are mandatory.
He will only be exonerated from this obligation if he proves that the act does not give rise to the requirement of civil liability in accordance with Article 1 of this Law”.
In this order of ideas, with the intended modification of the article, it is sought that the insurer of the person responsible for the accident covers the expert medical reports. That is, those that are necessary to determine the damage suffered by the victim of the accident.
Likewise, the proposed modification deals with the professional fees of lawyers and judicial attorneys. establishing that, in the event that a claim for compensation is made, the insurer of the other will bear the expenses.
However, the article in question does not refer to cases where a lawsuit is not necessary, such as those that begin with a complaint. which is processed through criminal proceedings. Therefore, it is logical to assume that the intended modification does not extend to said area.
For its part, the explanation of the calculation of professional fees, which in said modification includes lawyers, solicitors, and medical appraisers, is conspicuous by its absence. Therefore, it must be assumed that the same principle will apply as before, that is, use what is stipulated in professional associations as a basis.
However, the aforementioned political party proposes another way to provide free lawyers to accident victims. which is to modify part of the content of Article 76 of the Insurance Contract Law, is worded as follows:
“Art. 76 b): The fees and expenses of experts who intervene in the assessment of the damages covered by the policy are expressly included within the coverage of the legal defense insurance. Said experts will not be subject, in any case, to the instructions of the insurer.
Art. 76 d): “The insured shall have the right to freely choose the solicitor and lawyer who will represent and defend him in any kind of procedure.” The insured will also have the right to freely choose a lawyer or solicitor in cases where there is a conflict of interest between the parties to the contract.
The lawyer and solicitor appointed by the insured will not be subject, in any case, to the instructions of the insurer. The insurer will be responsible for the amounts included in the lawyer’s fee schedule. who exercises the legal defense and, in terms of the rights of the attorney, who exercises procedural representation without limits being set in the policy. Minutes and accounts will be drawn up in accordance with the collegiate indicative scales and, where appropriate, corresponding tariffs.
Evidently, with the modification of article 76, literal b and d of the Insurance Contracts Law, the aim is to establish a balance between the insured and the insurer.
Mainly, because with it, there would be no limits in the policy regarding the fees of lawyers and judicial attorneys. In addition to the fact that the company would be in charge of covering the amounts that appear in the minutes of the legal professional who is in charge of the legal defense.
We can and free traffic accident lawyers
Podemos, in its arduous task of ensuring that traffic accident victims have free lawyers, proposed, in its amendments, the modification of two articles.
In the first place, they wish to modify article 7, numeral 1, of Royal Legislative Decree 8/2004, of October 29, which would be worded as follows:
The insurer, within the scope of compulsory insurance and charged to the compulsory subscription insurance, will have to satisfy the injured party of the amount of the damages suffered by his person and his property, as well as the expenses and other damages to which he is entitled. as established by the applicable regulations.
Within these expenses and other damages, the necessary medical assistance or expert reports will be understood to determine the damage suffered by the victim or victims of the accident and, in the event of filing a lawsuit, the fees, and rights of legal defense and procedural representation. that are mandatory. He will only be exonerated from this obligation if he proves that the act does not give rise to the requirement of civil liability in accordance with Article 1 of this Law”.
In this order of ideas, with the intended modification of the article, it is sought that the insurer of the person responsible for the accident covers the expert medical reports. That is, those that are necessary to determine the damage suffered by the victim of the accident.
Likewise, the proposed modification deals with the professional fees of lawyers and judicial attorneys. establishing that, in the event that a claim for compensation is made, the insurer of the other will bear the expenses.
However, the article in question does not refer to cases where a lawsuit is not necessary, such as those that begin with a complaint. which is processed through criminal proceedings. Therefore, it is logical to assume that the intended modification does not extend to said area.
For its part, the explanation of the calculation of professional fees, which in said modification includes lawyers, solicitors, and medical appraisers, is conspicuous by its absence. Therefore, it must be assumed that the same principle will apply as before, that is, use what is stipulated in professional associations as a basis.
However, the aforementioned political party proposes another way to provide free lawyers to accident victims. which is to modify part of the content of Article 76 of the Insurance Contract Law, which is worded as follows:
“Art. 76 b): The fees and expenses of experts who intervene in the assessment of the damages covered by the policy are expressly included within the coverage of the legal defense insurance. Said experts will not be subject, in any case, to the instructions of the insurer.
Art. 76 d): The insured shall have the right to freely choose the Solicitor and Lawyer who will represent and defend him in any kind of procedure. The insured will also have the right to freely choose a Lawyer and Solicitor in cases where there is a conflict of interest between the parties to the contract. The Lawyer and Solicitor appointed by the insured will not be subject, in any case, to the instructions of the insurer.
The insurer will be responsible for the amounts included in the lawyer’s fee schedule. who exercises the legal defense and in the account of rights of the Attorney who exercises procedural representation without limits being set in the policy. Minutes and accounts will be drawn up in accordance with the collegiate indicative scales and, where appropriate, corresponding tariffs.
Evidently, with the modification of article 76, literal b and d of the Insurance Contracts Law, the aim is to establish a balance between the insured and the insurer. Mainly, because with it, there would be no limits in the policy regarding the fees of lawyers and judicial attorneys. In addition to the fact that the company would be in charge of covering the amounts that appear in the minutes of the legal professional who is in charge of the legal defense.
Doubts left by the Podemos amendments
The Podemos amendments, rather than clarify the issue of free lawyers, create multiple doubts that need to be pointed out.
In the first place, the issue of claim expenses is not clear, since, at first, it is shown that the insurance of the victim and that of the person responsible for the accident will take care of it. However, the opposing insurer would only pay if the matter goes to trial. If, on the other hand, it is not necessary to sue, the insurance company itself would return what was canceled.
Then, strictly speaking, it must be assumed that if the claim is dismissed, the expenses of the legal claim will still be covered. Which will be done by the victim’s own insurer.
Then, strictly speaking, it must be assumed that if the claim is dismissed, the expenses of the legal claim will still be covered. which will be done by the victim’s own insurer.
On the other hand, there is no mention of the cases that are handled extrajudicially, so it is not certain whether or not they will cover the expenses in the said matter. Although many insurers assume that, since it is not a procedure, the presence of a lawyer is not necessary and, therefore, it does not cause professional fees. In any case, the aforementioned modifications that are intended to be made, do not address the issue in question.
In the case of experts, the amendment intends to reimburse them for hiring them to assess the damages. which, in turn, must be covered by the insurance policy. However, it will apply only to those who are responsible for the quantification, but not those who determine responsibility. This creates many doubts about how it will be with third-party insurance.
Next, Podemos also proposes to eliminate the limits of insurance policies with regard to legal defense coverage. Even so, they do not indicate whether they will be extended to the occupants or passengers of the vehicle, much less to drivers who were not authorized to use a car.
Likewise, the possibility arises that the legal expenses for filing the claim lawsuit will be paid by the insurer of the person responsible. Could this mean an extension of the UNEP agreement? Well, it would be necessary to limit the fees that the lawyers would invoice to the defendant company.
On the other hand, there is no mention of the cases that are handled extrajudicially, so it is not certain whether or not they will cover the expenses in the said matter. Although many insurers assume that, since it is not a procedure, the presence of a lawyer is not necessary and, therefore, it does not cause professional fees. In any case, the aforementioned modifications that are intended to be made, do not address the issue in question.
In the case of experts, the amendment intends to reimburse them for hiring them to assess the damages. which, in turn, must be covered by the insurance policy. However, it will apply only to those who are responsible for the quantification, but not those who determine responsibility. This creates many doubts about how it will be with third-party insurance.
Next, Podemos also proposes to eliminate the limits of insurance policies with regard to legal defense coverage. Even so, they do not indicate whether they will be extended to the occupants or passengers of the vehicle, much less to drivers who were not authorized to use a car.
Likewise, the possibility arises that the legal expenses for filing the claim lawsuit will be paid by the insurer of the person responsible. Could this mean an extension of the UNEP agreement? Well, it would be necessary to limit the fees that the lawyers would invoice to the defendant company.
The momentary impossibility of free traffic accident lawyers
Having studied the subject in question, it is clear that there is still a long way to go before the existence of free accident lawyers is a reality. Essentially, the modifications that are intended to be made to the aforementioned articles must be very well thought out, cover everything, and leave no loose ends.
However, referring to the free services of a lawyer as being absurd at this point Above all, insurers require their insured to provide irrefutable proof of the payment made to the professional. This is in order to reimburse them, according to the coverage limits, the amount that they finally decide.
In addition to this, there are also certain legal professionals whose fees are outrageous. Therefore, the first thing that should be done is to establish fair criteria for calculating them, so that everyone favors each other.
Otherwise, what until now is a reality will continue to happen, that is, that lawyers’ minute sums are based on percentages. While the insurer reimburses the insured the amount that it considers, based on dissimilar criteria.
Frequent questions
If you have any questions regarding the subject of the article, you can review the questions, with their respective answers in the following section. Additionally, any other concerns you have can be left in the comments section.
What is legal defense insurance?
It is that coverage that some insurers offer to their insured in order to cover the expenses that they incur in a judicial process. However, in most cases, the insurance company asks the injured party to pay directly to the lawyer who will represent him. So that, in this way, you can be reimbursed, subsequently and up to certain limits, the amount paid.
If I pay my lawyer’s fees in the event of an accident compensation claim, will my insurer reimburse me?
Yes, if you have contracted legal defense coverage, the insurer will reimburse you a part of what has been paid to the lawyer for professional fees. However, the amount to be returned will depend on the limits established in the policy, which are currently around 300 and 3,000 euros.