On the 3rd of May, 2023, at the request of the Public Prosecutor for Road Safety, a Collaboration Framework Protocol was signed between the Public Prosecutor and other entities and associations, with the participation, amongst others, of the Consorcio de Compensación de Seguros, to protect the rights of traffic accident victims, as well as for other subjects related to road safety.
Alongside the State Prosecutor's Office, represented by the Public Prosecutor responsible for Road Safety, in addition to the Consorcio de Compensación de Seguros, the following associations have signed this protocol: UNESPA, OFESAUTO, the General Bar Association, the Madrid Bar Association, AESLEME, ASPAYM, FEDACE, P(A)T- AP(A)T and Stop Accidentes.
The Protocol does not establish any new legal obligations; rather it is configured as a channel for the determination of the underwriting parts to diligently meet the obligations for which they are responsible.
The institutions and associations signing the Protocol want to promote the following goals:
- The encouragement of out-of-court solutions of the discrepancies, taking into account the necessary legal authorisations laid out when dealing with minors and disabled people.
- The simplification and speed of civil and criminal court proceedings on traffic accidents with injuries, promoting a fast resolution by the jurisdictional bodies, and the fulfilment of the civil liabilities in accordance with the proceedings mentioned in the previous heading.
- The information and instruction of the rights and services of any kind held by traffic accident victims, in accordance with the Directive 2012/29/UE and its corresponding precepts in Spanish national legislation, with the aim of obtaining immediate assistance and care for their needs in the different areas without any unjustified delays, all of this in coordination with the Victims Care Offices and with the Victims Associations and other signatory associations.
- The provision of fast, effective and continuous care and information, ruled by humanitarian criteria, ensuring that no there are no cases of "forgetting".
- The detection of certain abusive behaviour or types of fraud by the insurance entities or the Consorcio de Compensación de Seguros, seeking maximum transparency and observance of legality in the economic-care circuit that must be aimed at their protection.
In addition to the above, the signatory parts state their wish to organise technical training days to update and complete the knowledge on these subjects and in particular, on the Legal appraisal system for personal damages (Scale) and on informing traffic accident victims and injured parties of their rights.
As indicated in the Protocol, "the Consorcio de Compensación de Seguros has intervened both in the preparation of the Scale and in the Guide to Good Practices, whereby this public entity expressly states its full backing for this framework on its website."
Consequently, and in the same way, having taken part in the preparation of this Protocol and having endorsed its contents by way of its signature, the Consorcio de Compensación de Seguros expresses its commitment to the goals set forth in the Protocol.
For this reason, this time, in addition to the external dissemination using its website (www.consorseguros.es), the Consorcio de Compensación de Seguros has also disseminated this Protocol internally, aimed at ensuring that all its organisational units involved in the processing of compensation claims apply its contents in the daily management of the compensation derived from the compulsory civil liability insurance, both in their functions as a Guarantee Fund for this compulsory insurance, and in those as the insurer of the civil liability of the vehicles whose insurance is rejected by the insurance market and those vehicles belonging to public organisms that voluntarily sign this insurance with our entity.
Collaboration Framework Protocol between the Public Prosecutor's Office and other entities and associations, for the protection of the rights of traffic accident victims and other subjects related to road safety.