Compensation for death in traffic accident

The Supreme Court (TS) has resolved a case regarding the death of a person who died in a traffic accident in 2014. They were traveling in a car that crashed after a tire of the oncoming truck exploded. After their death, the main beneficiaries were their two minor children, represented by their respective mothers. There were two insurers involved that covered the truck and the trailer.

The important conflict was not only "how much is paid," but what category of compensation should be applied in Table I of the legal system for assessing damages from traffic accidents. The key was that the deceased had no spouse or a consolidated de facto partner (there was no stable cohabitation or a de facto union recognized as such). However, they had had romantic relationships with the mothers of their children.

One of the positions in the lawsuit attempted to apply a compensatory treatment as if the victim had had a partner, but the TS makes it clear that a romantic relationship without consolidation as a de facto union does not equate to "having a spouse" for these purposes. Consequently, it confirms that the case fits into the group of "victim without spouse and with minor children." Simply put, if there is no "legally relevant" or consolidated stable partner, it is calculated as if there were no spouse , even if there was a relationship.

Furthermore, the TS addresses another very practical issue, the late payment interest that insurers must pay when they delay. In this matter, it concludes that the default interest in favor of the affected parties (the children) must be counted from the date of the incident, and rejects the justifications offered by the insurers for not paying them from that moment.

It maintains the criterion of applicable table (victim without spouse with minor children) and reinforces that, if the insurer does not pay on time, interest starts to accrue from the day of the accident.

If you find yourself in a situation similar to the one described, our professionals can provide you with the appropriate legal assistance for a solution tailored to your interest and that of your children.