When a passenger of a non-rail transit has an accident resulting in injury or death, if it occurs after the purchase of the ticket of transport and it is caused in the transport itself or in their facilities and stations, the injured passenger or their families in case of death are entitled to claim a compensation for the physical damages that remain or for the death in objective matters, i.e. without having to prove the cause or guilt in the accident.
This compensation they are entitled of both the injured and the families of deceased in public transport is regulated by Real Decreto 1575/1989, of December 22, approving the Regulation of mandatory insurance of passengers (SOVI). It is in these regulations where it is set, through its various categories, the physical damages and the death, assigning compensation to each case that could need the opinion of medical experts, to adjust consequences for the categories provided in these regulations whose proceedings have not simple particularities.
The amounts of the compensations to which are entitled the injured or the families of deceased in public transport accidents were established in 1989, so although the Real Decreto 1575/1989 of 22 December, the adopted Regulation of mandatory insurance of passengers (SOVI) did not anticipate it and insurance companies in extrajudicial phase do not accept to update compensations, this update should be required, taking into account that to set the update date, in case of injuries is considered to be the day when the injuries are healed, and in case of relatives claiming for a deceased, the date when it occurred.
These updates are very important because they increase the compensations that are entitled both the injured and the families of the deceased in a public transport accident more than twice as stipulated by regulations.
For example, in case of accident in a public transport where a person has deceased it would mean a compensation of 36,060.73€, according to Real Decreto 1575/1989, of December 22, passing the Regulation of mandatory insurance of passengers, while the adjusted amount as at 2014 amount would increase until 77,778.99€.
The victims and harmed in this type of disaster, in addition to be entitled to such compensation not subject to any accreditation of guilt, they also have the possibility to claim another much higher and fully compatible compensation with the previous in case of guilt or liability attributable to the driver or the owner of that transport.
To achieve a compensation in guilt, there must be an accident where this responsibility is proved, that would blame either the train driver or the company or also the administration that provides the service or, in general, a third party, i.e., whereas the previous insurance (SOVI) can be claimed even for a stumble, even by a clumsy passenger, in the first case one can only claim if there is someone responsible for it, to whom we can impute liability for damage. This compensation is not valued according with the rules and regulation of the Regulation of Mandatory Insurance of passengers (SOVI), it is actually valued in accordance with the Scale of traffic accidents that is regulated by the Real Decreto Legislativo 8/2004, of October 29 and amended by Ley 21/2007, of 11 July, on the civil liability and insurance in road traffic.
These compensations are much higher than those covered by mandatory insurance of passengers and require sometimes an expert medical report for better assessment that can guarantee full compensation.
For example, in a case where a victim has died in an non-rail public transport accident when a third party is to blame, different groups are set depending on whether you have a spouse or not or whether you have children or not, but in case of a married person with two children under 25 years, the spouse is entitled to claim 115,035.21 € and for each child under 25 years also the amount of 47,931.33 €, apart from other concepts that could be claimed, depending on how one could prove it in each case. These amounts are updated to 2014 because the Real Decreto Legislativo 8/2004, dated October 29, amended by Ley 21/2007, of July 11 on civil liability and insurance in traffic updates and publishes annually these amounts increasing the IPC.
As stated by the Supreme Court in many judgments, receive both compensations is fully compatible.
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