7,000 euros for a whiplash despite going 7 km per hour

7,000 euros for a whiplash despite going 7 km per hour

The court suspected of fraud but the Audiencia de Barcelona grants compensation based on the diagnosis of the emergency doctor

The whiplash is one of the most frequent injuries that occur as a result of traffic accidents, with a large number of complaints. It is also the most questioned by insurers.

The existence of a possible fraud is always in the air, because it is not an "objectivable" injury, but rather it is measured by references of the person affected.

The Provincial Court of Barcelona, in a ruling of May 8 ( access here to the text ), has given reason to the driver of tourism that was reached in a light way by a vehicle when leaving his workplace.

The collision occurred at dawn when he was about to leave his workplace at the El Prat Airport, his tourism being reached by another vehicle when leaving a roundabout. The court sensed that there could be an agreement between the injured and the cause of the accident because both of them lived in El Prat de Llobregat and worked in Terminal T1.

Precisely this fact, and that the collision was mild, was the reason why the court of first instance dismissed the claim, because it harbored serious doubts about the very existence of the incident and a possible agreement for the collection of compensation correspondent.

Biomechanical report
The biomechanical expert test attributed to the vehicle that impacted the injured one a speed of 7 km / h, so taking into account the speed, low intensity of the shock and its characteristics, it was not possible for the claimant to suffer any injury.

MORE INFORMATION
7,000 euros for a whiplash despite going 7 km per hour The picaresque ends the 'cervical cuponazo'
7,000 euros for a whiplash despite going 7 km per hour Falsifying a friendly part of an accident can take you to jail
This did not agree with the statements of the witness, who referred to go at a speed of approximately 30 or 35 km / h, which did not brake and that after the collision saw that the injured driver on which he hit was stunned and had discomfort.

The existence of an injury can not be ruled out
The Provincial Court disagrees with the conclusions of the court, because the evidence that could be practiced concludes the very existence of the collision, and expressly states that the low intensity of the crash is not decisive to rule out the whiplash injury referred by the affected driver .

The existence of the injury-cervical whiplash-is also not questioned by the court, it is essential that the driver immediately went to the emergency doctor, who, after medical examination, concluded that he had suffered a sudden and repeated extension in the neck, diagnosis that It coincides with that of the doctor-expert.

Compensation
Taking into account the healing time of the injury - 90 days - and the temporary disability due to work accident, the Hearing confirms the total amount to be compensated, of 7,010.28 euros by the insurance company.

To this amount, in addition, the interests of 20% indicated by the law of the insurance contract, because the insurer did not make any offer to the injured party, who had to sue, and two years had passed since the moment of the accident.

However, the court does not condemn the payment of the costs of appeal to the insurer, although it will have to face those generated in the first instance.

Studies, comments, current notes, reports, everything you need to know about the right of circulation by clicking here .