Post by account_disabled on Mar 12, 2024 4:42:47 GMT -5
In this way, the Court revokes and annuls the appealed court ruling and, in its place, partially upholds the claim made by the victim's heirs against the insurance company, condemning it to pay the amount of 27,251 euros more the interests of art. 20 of the LCS.
Active legitimacy of the plaintiff
The Provincial Court has recalled what is established in art. 7 of Royal Legislative Decree 8/2004, which approves the consolidated text of the Law on civil liability Email Data and insurance in the circulation of motor vehicles. Said article establishes that: “The insurer, within the scope of compulsory insurance and charged to the mandatory subscription insurance, must satisfy the injured party for the amount of damage suffered to his person and property, as well as the expenses and other damages. to which you are entitled as established by the applicable regulations. He will only be exonerated from this obligation if he proves that the fact does not give rise to the requirement of civil liability in accordance with article 1 of this Law. The injured party or his heirs will have direct action to demand from the insurer the satisfaction of the aforementioned damages, which will prescribe. for the course of a year.
Therefore, the Court does not agree with what was stated in the lower court ruling regarding the fact that the actual damage caused to the injured party was not determined before her death, since it is clear that the information provided by the doctor to whom the insurer entrusted the monitoring of the injured party, as well as another expert report issued at the request of the plaintiff, the conclusions of both doctors are coincident. Likewise, there is also evidence of the existence of the mandatory motivated offer, as well as partial payments on account of the compensation that is recognized as owed by the insurance entity.
To finalize the confirmation of the active legitimation of the heirs , the Court has also recalled that Law 35/2015, of September 22, regulates in article 43 et seq., the specific case in which the heirs receive in such condition , and not in the condition of injured parties, the compensation that corresponds to the victim when he or she has not died as a result of the accident and the death has occurred before the compensation has been established , precisely because "the legislator considers that the right to claiming such compensation, even if it is not quantified, has already entered the victim's assets ,” the magistrates state.
Active legitimacy of the plaintiff
The Provincial Court has recalled what is established in art. 7 of Royal Legislative Decree 8/2004, which approves the consolidated text of the Law on civil liability Email Data and insurance in the circulation of motor vehicles. Said article establishes that: “The insurer, within the scope of compulsory insurance and charged to the mandatory subscription insurance, must satisfy the injured party for the amount of damage suffered to his person and property, as well as the expenses and other damages. to which you are entitled as established by the applicable regulations. He will only be exonerated from this obligation if he proves that the fact does not give rise to the requirement of civil liability in accordance with article 1 of this Law. The injured party or his heirs will have direct action to demand from the insurer the satisfaction of the aforementioned damages, which will prescribe. for the course of a year.
Therefore, the Court does not agree with what was stated in the lower court ruling regarding the fact that the actual damage caused to the injured party was not determined before her death, since it is clear that the information provided by the doctor to whom the insurer entrusted the monitoring of the injured party, as well as another expert report issued at the request of the plaintiff, the conclusions of both doctors are coincident. Likewise, there is also evidence of the existence of the mandatory motivated offer, as well as partial payments on account of the compensation that is recognized as owed by the insurance entity.
To finalize the confirmation of the active legitimation of the heirs , the Court has also recalled that Law 35/2015, of September 22, regulates in article 43 et seq., the specific case in which the heirs receive in such condition , and not in the condition of injured parties, the compensation that corresponds to the victim when he or she has not died as a result of the accident and the death has occurred before the compensation has been established , precisely because "the legislator considers that the right to claiming such compensation, even if it is not quantified, has already entered the victim's assets ,” the magistrates state.