Does my insurance company cover the injuries I suffer in a traffic accident during the proclamation of the state of alarm?

Last 14th March, when Royal Decree 463/2020, declaring a State of Alarm to manage the health crisis situation provided by COVID- 19 was approved, serious restrictions were imposed on the population mobility in order to combat interpersonal infections.

The Official State Gazette establishes specific situations in which citizens can go outside and get around in their private vehicle, such as going to work, taking care of the old ones or other dependent people, acquiring food or pharmaceutical products, between others. In this exceptional situation we also recommend travel alone by car, and if it was not possible, the other passenger should sit down in the back seat.

From today, Monday 30th March, the confinement is extended to paralyze all non-essential activities, with the implementation of more severe restrictions and controls and restrictions on the movility we can achieve with our particular vehicles. The corresponding authorities can request the reason why we are circulating on the public highway during the confinement caused by the coronavirus crisis, and we can be faced with the imposition of administrative sanctions or prison penalty in case of incompliance.

On recent weeks, different messages have been circulating along social and messaging networks informing people that their car insurance does not cover them if they are victims of a traffic accident during the state of alarm caused by the coronavirus crisis. We must be careful, as it responds to incorrect information that questions the continuity of the protection given by our insuancre in the event of an accident.

In accordance to this affirmation, UNESPA association has categorically denied this information through its official Twitter account, expressly stating that it involves a hoax, so the coverage of the car insurance is fully in force during de validity ot the alarm status decreed by the Central Government.
Insurance companies are acting normally so far, managing the opening of the insurance register and providing assistance to their clients, according to the contracted policy.

Independently of what is said, from our professional lawyer office, specialized in the advice and defense of traffic accidents victims rights, we are attentive to any changes that can affect future contingences. We do not discard that insurance companies may consider in future the possibility of iniciating judicial claims in repetition against the ones who are insured, understanding that the accident was occured for injustified reasons during the alarm period, in accordance with article 10, Royal Legislative Decree 8/2004, 29th October, approving the text of the law on civil liabilty and insurance in circulation of motor vehicles.

At this time, we have to make an effort to prevent the spread of coronavirus. It’s time to stay home and contribute to the protection of our older people, but if we don’t have another option than taking our private vehicles, we must not forget about the rigts that assist us in case of a traffic accident.

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