Today the vast majority of people use it daily of some means of transportation or walk down some street, hence Any of us could potentially be involved in a traffic accident., either actively as causes of the accident or passively as victims.
Be a specialist mediator in traffic accidents
For the resolution of conflicts that arise as a result of traffic accidents, there are procedures that we already use and that can consist of both extrajudicial claims and judicial processes.
The amicable report is the normal way to resolve a conflict, crash, or car accident. But it's not always like this.
However, on many occasions, they are not resolved, because these procedures are the least convenient, or end with an unsatisfactory result for the parties involved.
What is the procedure for a traffic accident mediation?
Until the reform of the Penal Code which came into force in 2015, the claims of victims of traffic accidents were mostly being processed through the so-called “misdemeanor trial” and, in this judicial procedure, the possible civil liability claimed by the victim was determined. arising from the injuries he had suffered as a result of the traffic accident.
After the complaint, the victim was summoned by the court to go to the forensic doctor who, in view of the medical documentation, issued a report in which he established the extent of said injuries.
In most cases, an agreement was reached between the insurance company of the vehicle responsible for the accident and the victim, since the company offered the amount calculated in accordance with what the forensic doctor had stated in his report and normally the injured party accepted it.
When there was no agreement between the parties, the so-called “misdemeanor trial” and the judge issued a sentence in which he stated who had caused the accident and, if applicable, the amount of compensation that the injured party was entitled to receive, based on the aforementioned report from the forensic doctor, in whom the Judge could place all your trust in being an objective and impartial figure.
This procedure, including the coroner's report, had no cost to the accident victim..
However, the entry of the new penal code brings with it the decriminalization of offenses, thereby disappearing the possibility of obtaining a “free” forensic medical report from the beginning. In this way it is forced In many cases, the victim has to go to court by filing a lawsuit, with the costs and expenses that it entails., from a lawyer, solicitor, report from a medical expert in the assessment of bodily harm and the risk of the possibility of an order for costs.
Why a Mediator specialized in traffic accidents?
At the same time that the legislator carries out the decriminalization of offenses, he introduces Law 35/2015, of September 22, to reform the system for assessing damages caused to people in traffic accidents.
This change brings with it the establishment of the mediation procedure for cases of disagreement with the offer or the reasoned response made to the injured party by the insurance company of the vehicle responsible for the traffic accident. Thus opening the door for the victim and insurer to reach an out-of-court agreement.
Thanks to this reform, for the first time mediation is introduced and regulated in this area, thus expanding the fields on which a mediator can act. So we see that from this change the figure of the mediator between the parties becomes relevant.
One of the most relevant questions of the Law 35/2015, refers to the function and training of mediators. The new regulation of this article 14.3 tells us that this type of mediation may be exercised by professionals specialized in civil liability in the field of traffic and in the assessment system that we have provided for in this Law and who have specific training to be able to practice mediation is this area.
The injured party will be the one who can request the start of mediation, within a maximum period of two months, counting from the time the offer or the reasoned response was received or also the expert reports if they had been requested. Thus avoiding long and costly judicial processes., thus allowing the injured party to collect sooner, and save the costs that filing a lawsuit could have.
This opens a door in this case to mediation professionals and future mediators. that will allow them to expand their employment possibilities, offer new services to clients or specialize and begin the steps to become a 360° mediator. If you also want to specialize and become a professional mediator, do not hesitate to request information about our specialty in traffic accidents here and works as such.
Data of interest: 102,233 accidents during 2017.
Fountain: here.
