Judicial insurance claims and traffic lawsuits against insurance companies that refuse to pay indemnities derived from insurances of every kind (life, disability, traffic, etc.) are quite common today. This kind of lawsuits have, according to the founder of Espacio Legal, Marcelino Tamargo, many possibilities to be successful if the affected party has a skilled and expert legal advice in this area.
It is a common practice for insurance companies to use unfair terms or refuse to pay full compensation after an accident or mishap. These situations can be especially serious when a life or disability insurance was signed together with a home loan (a very common practice required by bank and lending entities). In these situations, users will find themselves in a dead-end situation, as they have to keep coping with mortgage payments.
The usual sectors in which Espacio Legal | Law & Tax develops legal defence in this field are:
- Life: They are the insurance in which the policyholder pays the premium and the beneficiary receives the capital in the event of the death of the former.
- Disability: Covers the risk of losing the ability to work by accident or illness.
- Traffic: Cover accidents or damages caused by traffic accidents foreseen in the mandatory policy of vehicles in circulation.
Contact our law firm in Gijón (Asturias), Madrid or Barcelona and our expert lawyers will answer your questions.
JUDICIAL CONFLICT WITH INSURERS
After the bursting of the real estate bubble, there was an increase in the number of executions of insurance policies, and many companies opted to exclude insurance coverage under the Insurance Contract Law, that in its article 10 says:
“The policyholder must, prior to the conclusion of the contract, declare to the insurer, in accordance with the questionnaire he submits to him, all the circumstances known to him that may influence the assessment of the risk. He shall be exempt from such duty if the insurer does not submit him a questionnaire or, despite doing so, these are circumstances that may influence the assessment of the risk and are not included in it. “
That is to say, the company argues the existence of a wilful misconduct or gross negligence of the insured, not having communicated certain circumstances (previous diseases, unhealthy habits, medical report, etc.). When contracting the policy the insured signs a health report in which he declares his physical condition. Fortunately for users, the current doctrine of the Supreme Court considers this document as not presented in case of having been signed before a banking employee and not before an insurance agent.
In these cases, it is essential for the affected party to have specialized legal advice to initiate a judicial procedure or to reach a beneficial agreement with the insurance company. It is important that we can study each case to analyse its viability, which increases the guarantees of success. In addition, it is advisable to hire a lawyer foreign to the insurance company. In Espacio Legal | Law & Tax we are specialised in legal defence for this type of conflicts.
LEGAL DEFENSE FOR TRAFFIC ACCIDENTS
Compensations of insurers in case of traffic accidents will depend on several factors. In addition to material damages, there are also the sequelae and the severity of the injuries caused, as well as other circumstances such as relatives, personal conditions, income, etc. The legal advisory department of Espacio Legal | Law & Tax has experience in this sector and its objective is to achieve maximum compensation and recognition of the damages caused. We advise our clients regarding the different legal options they have after the injuries suffered. The team of traffic and insurance law professionals is in charge of advising the client throughout the whole procedure.