The amounts of compensation for damages caused in traffic accidents have increased by 4.13% in 2022, according to a report published by the General Directorate of Insurance and Pension Funds on February 24. The increase began to apply on January 1, 2022.
The assessment of bodily harm in traffic accidents, better known as the traffic accident scale, is a document that establishes and regulates the amount with which those affected by traffic accidents are compensated. Every year the scale is updated based on the index of revaluations of pensions belonging to the Social Security system.
For the year 2021, the pensions of the Social Security system were revalued by 0.9%. However, according to Royal Decree 65/2022 of January 25, on updates to pensions in the Social Security system, said increase should have been 2.5%. Therefore, it was necessary to apply an additional update from 1.6% to the initial 0.9% to reach the established 2.5%.
However, for the year 2022 the pensions of the Social Security system were revalued by 2.5%. If we add to this figure the 1.6% increase in recognized arrears for 2021, we obtain a total of 4.1% percentage to update in the Scale for this year 2022.
The objective of these measures and updates is to guarantee the purchasing power of compensation for victims of traffic accidents. Various institutions participated in the analysis and execution of the updates to the 2022 traffic accident scale, such as the Spanish Union of Insurance and Reinsurance Entities (UNESPA), in addition to 18 other insurance entities.
Despite its many detractors, the traffic accident scale is an essential tool that must be consulted by institutions and professionals. Its use makes it easier to calculate the scope of the damages that occur in an accident, as well as to determine the compensation that corresponds to each case based on the healing time, the consequences and the type of resulting disability, whether temporary or permanent.
The 4.13% increase in compensation for traffic accidents has a direct impact on the reference calculations of the compensation tables that make up the scale for 2022. The main novelties involve an increase in the amount of compensation for consequential damages, lost profits and inability.
An increase of 49.1% is established in compensation for people who suffer injuries with consequences, and an increase of 91% in the items allocated for the expenses of those who must use third parties after having suffered an accident. Expenses incurred for medical care or car repairs are included.
Likewise, the scale of traffic accidents for 2022 establishes a 9% increase in the amount that the insurance must pay for deaths in traffic accidents. It is what is known as compensation for lost earnings, that is, the profit that a person (in this case the relatives of the deceased) stops receiving due to the death of the relative.
For disability due to injuries in people pending to enter the labor market, compensation can reach up to 57%, depending on whether it is temporary or permanent disability. In addition, for each day of healing, compensation can range from 32.40 euros in the mildest cases to 107.98 euros in the most serious cases.
The accident scale is used to determine the amount of compensation for those affected by any type of eventuality, such as medical malpractice or work accidents. In the case of traffic accidents, carrying out the assessment can be especially difficult and complex, especially in terms of guilt and intensity of the damage caused.
To access the corresponding compensation, it is necessary to deliver to the insurer of the opposing party all the available documentation related to the claim. Next, the applicant must submit to a medical review determined by the insurer to assess the damage suffered. Finally, the compensation offer is received and assessed in order to accept or reject it, with a maximum period of three months to respond.
If the applicant does not agree with the amount of compensation proposed by the insurance company, they will have to initiate a claim through the courts. This process is much longer and more complex, and requires the intervention of a specialized lawyer. However, it may be the only way to receive fair compensation for physical and property damages.