Post by account_disabled on Feb 25, 2024 4:31:12 GMT
The Provincial Court of Cantabria has recently issued a ruling that recognizes the right of the deceased's heirs to claim compliance from the insurer with the obligation to compensate the victim's personal damages caused in a traffic accident .
Despite the fact that the Court of First Instance No. 6 of Santander completely dismissed the lawsuit filed by the heirs of the deceased when it understood that the actors lacked legitimacy to demand compensation from the insurer for the personal damages caused in the accident. traffic, the Provincial Court of Santander has upheld the appeal filed by the family members against the lower court ruling.
The Provincial Court of Santander has understood Fax Lists that the appeal should be favorably accepted, since the sentence handed down at the instance manifestly infringes the provision contained in art. 76 of Law 50/1980 on Insurance Contracts (LCS) , which establishes that the injured party or his heirs will have direct action against the insurer to demand compliance with the obligation to compensate.
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 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.
Despite the fact that the Court of First Instance No. 6 of Santander completely dismissed the lawsuit filed by the heirs of the deceased when it understood that the actors lacked legitimacy to demand compensation from the insurer for the personal damages caused in the accident. traffic, the Provincial Court of Santander has upheld the appeal filed by the family members against the lower court ruling.
The Provincial Court of Santander has understood Fax Lists that the appeal should be favorably accepted, since the sentence handed down at the instance manifestly infringes the provision contained in art. 76 of Law 50/1980 on Insurance Contracts (LCS) , which establishes that the injured party or his heirs will have direct action against the insurer to demand compliance with the obligation to compensate.
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 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.