Total loss

The Supreme Court (TS) has ruled on a case in which a person suffered atraffic accident when a truck collided with his motorcycle, leaving the latter so damaged that it wasdeclared a "total loss" and had to be destroyed. Initially, the court ruled in favor of the affected party, obliging both the responsible driver and his insurance company and the consortium to compensate him not only for thematerial and personal damages, but also to pay interests from the date of the accident and to add 30% to the price of the motorcycle as"value of affection", that is, an extra amount considering that finding a similar second-hand motorcycle usually entails expenses and risks for the injured party.

Theinsurance company did not agree andappealed, managing to have that additional 30% excluded in the second instanceand for the interests to only be counted from later dates (when the injuries ended for personal damages and when they were judicially notified for material damages). However, the affected party appealed to the TS, which ultimately and that interests will only be counted from later dates (when personal injuries ended for personal damages and when they were judicially notified for material damages). However, the affected party appealed to the SC, which finallyhas ruled in his favor in all aspects since the value of affection is applicable even when the motorcycle is destroyed, as long asbe justified, andlate payment interests must be paid by the insurance company from the same day of the accident until the amounts are deposited or paid.

This means that, if you have an accident where your vehicle is destroyed, you could be entitled to have thecompensation increased by the value of affection and to receiveinterests from the day the damage occurred, providing greater protection and compensation for the affected party.

If you feel harmed and in a position to demand accountability for any damage suffered due to a traffic accident, our professionals can assist you in pursuing your claims