Post by account_disabled on Jan 16, 2024 23:47:09 GMT -7
The Provincial Court of Murcia has sentenced an insurer to compensate with 1.8 million euros to a man who, occupying the driver's seat of a vehicle, became a quadriplegic, after the accident caused by the person's sudden turn of the steering wheel. who occupied the co-pilot's seat . The magistrates partially uphold the appeal filed by the driver and dismiss the challenge made by the co-pilot against the April 2021 ruling handed down by a Court of First Instance and Instruction of San Javier (Murcia). The court expresses its agreement with the attribution of responsibility in the incident made by the lower court resolution, and in which the appealed insurer also agrees, but it differs from the legal consequences. Thus, it is not disputed, as the ruling details, that in August 2016 the vehicle was traveling at more than 80 km per hour (on a highway with a generic speed.
limit of 120 km/h), when the occupant of the right seat of the car turns the steering wheel abruptly and surprisingly , causing it to leave the road. The Court focuses the legal debate on determining who can be considered, for the purposes of mandatory insurance, the driver at the time the accident occurred , and whether or not the person occupying the right seat could be a third party, covered by the insurance. civil liab Whatsapp Number List ility generated by the use of tourism. The magistrates explain, in ruling 118/2023, that the definition of 'driver' in Annex I of Royal Legislative Decree 6/2015 as the “person who, with the exceptions of the second paragraph of point 4, manages the steering mechanism or goes in command of a vehicle , or in charge of an animal or animals. In vehicles that circulate as a function of learning to drive, the person who is in charge of the additional controls is cons.
idered the driver, while 'driving', according to the RAE dictionary, is "guiding or directing a car." (Photo: E&J) And, on the other hand, they point out that art. 5.1 of Law 8/2004 excludes from the coverage of compulsory automobile insurance “ the damages caused by the injuries or death of the driver of the vehicle that caused the accident.” After analyzing what happened, the magistrates conclude that " it is not possible to consider at that moment as the driver of the car the person occupying the left seat who could do nothing to avoid the accident" and that "he lacked control of the vehicle, since the element main direction was not under his control” as the co-pilot took it over unexpectedly , causing him to leave the road.
limit of 120 km/h), when the occupant of the right seat of the car turns the steering wheel abruptly and surprisingly , causing it to leave the road. The Court focuses the legal debate on determining who can be considered, for the purposes of mandatory insurance, the driver at the time the accident occurred , and whether or not the person occupying the right seat could be a third party, covered by the insurance. civil liab Whatsapp Number List ility generated by the use of tourism. The magistrates explain, in ruling 118/2023, that the definition of 'driver' in Annex I of Royal Legislative Decree 6/2015 as the “person who, with the exceptions of the second paragraph of point 4, manages the steering mechanism or goes in command of a vehicle , or in charge of an animal or animals. In vehicles that circulate as a function of learning to drive, the person who is in charge of the additional controls is cons.
idered the driver, while 'driving', according to the RAE dictionary, is "guiding or directing a car." (Photo: E&J) And, on the other hand, they point out that art. 5.1 of Law 8/2004 excludes from the coverage of compulsory automobile insurance “ the damages caused by the injuries or death of the driver of the vehicle that caused the accident.” After analyzing what happened, the magistrates conclude that " it is not possible to consider at that moment as the driver of the car the person occupying the left seat who could do nothing to avoid the accident" and that "he lacked control of the vehicle, since the element main direction was not under his control” as the co-pilot took it over unexpectedly , causing him to leave the road.