Traffic accidents

The Provincial Court of Barcelona (AP) has confirmed the judgment dismissing the claim of a carrier against an insurance company for loss of profit that he claimed to have suffered after a traffic accident that occurred in September 2021. The carrier was seeking compensation because his truck, with which he worked, was stopped for 58 days, during which he claims he was unable to generate income. occurred in September 2021. The carrier was seeking compensation because his truck, with which he worked, was stopped for 58 days, during which he claims he was unable to generate income. Traffic accident The carrier was seeking compensation because his truck, with which he worked, was stopped for 58 days, during which he claims he was unable to generate income. The carrier was seeking compensation because his truck, with which he worked, was stopped for 58 days, during which he claims he was unable to generate income. Compensation because his truck , with which he worked, was stopped for 58 days , during which he claims he was unable to generate income. was stopped for 58 days , during which he claims he was unable to generate income.

In the trial, however, the judges have emphasized that, in order to claim for loss of profit, it is not enough to say that the truck was stopped, it is necessary to prove the specific losses by presenting documents such as invoices, tax returns, reports, etc. In this case, the carrier only demonstrate specific losses , presenting documents such as invoices, tax returns, reports, etc. In this case, the carrier only submitted his tax return for 2020 and a guild certificate on how much is usually earned with a parked truck. The court considered these documents insufficient, pointing out that guild certificates only have indicative value and that without objective income data from previous years, the claimed damage cannot be calculated.

In addition, the judgment notes that the carrier did not provide evidence for other years nor justified the impossibility of doing so. Nor did he deduct from his claim the possible public benefits that he could have received while on sick leave, as required by law to avoid compensations higher than the actual loss.

Another important point that the court assessed was that the truck had an expired ITV and serious defects , which questioned whether it could actually be working legally .

If you are affected by a traffic accident, our professionals can provide you with the appropriate advice and defend your interests