He hit me from a side road on my right. How is that my fault?

There are several common misunderstandings related to car insurance claims in Spain and this is one of them.

“I was driving along near where I live, when someone pulled out from a road to the right and hit my car.  I checked the other driver was OK. Then we looked at the damage to each other’s vehicles. Finally, as we began to complete the accident report form details and talk about what had happened and I was astonished when he said to me that the accident was my fault!”

“So we rang the local police who came to attend the incident and I said that I was travelling along the road and he pulled out from a side road to my right.”

car hit me from the right

“The policeman had a look at the exit of the side road and then advised me that the other driver was in fact correct. I couldn’t believe it and thought the policeman must have had it in for me!”

How can it by my fault when he came out of the road to my right as I was driving straight ahead?

According to Article 57 Unmarked intersections, you must give way to vehicles that are approaching from your right. The exceptions to this are:

  1. Vehicles on a paved road will have priority over those on a non-paved road.
  2. Vehicles on rails have a priority over other road users.
  3. Roundabouts. Those already on the roundabout have priority over those intending to enter the roundabout.
  4. Vehicles travelling on a motorway have priority over those intending to enter the motorway.

Violations of these rules are a serious traffic offence. You may receive a fine.

Be careful if hit by a car coming from a side road on your right. The default position of your insurance company in Spain and that of the company of the other driver will be it is your fault. The insurance companies have certain agreements between them (convenios) that are in place to speed up claims so that victims are dealt with swiftly.

All the same, the default position may not always be correct. Look for road markings and signage. Take photos of the cars positions (if safe to do so) and the road you are on and the one the other car came out of. If there is a sign saying that the other driver should give way or stop then take a photo of it. The people who deal with your and the other driver’s claim are in an office possible 1,000s of kilometres away they won’t know the street or perhaps even the town.

Without this proof your insurance company will almost certainly have to accept responsibility.

New ITV dates following state of alarm

The ITV testing stations were closed on the 14 March 2020 when the state of alarm was announced in Spain.

ITV certificate expiry dates were extended under a previous decree and set to expire after the end of the state of alarm plus 30 days. With the last of the Spanish provinces coming out of phase ‘0’ on Monday 18th May an official bulletin from the state of Spain was realeased. For those whose ITV certificates have expired, whilst the ITV stations have been closed, it provides clarity as to when you need to get your ITV renewals completed.

The state of alarm for calculating new ITV tests finishes at 00:00 on 24 May 2020.

Initial inspection dateExtension period once state of alarm finishes (calendar days)
Week 1: March 14-20 March30 days plus 15 additional days
Week 2: March 21-27 March30 days plus 2 periods of 15 days
Week 3: March 28 – 3 April30 days plus 3 periods of 15 days
Week n.30 days plus n 15-day periods.

For example, if your ITV expired on the Monday 21 March 2020 then the validity of your ITV certificate has been extended until 23 July 2020. The state of alarm, as far as ITV tests goes, expires 24 May 2020. So it is 24 May + 30 days + 2 periods of 15 days = 23rd July. You must complete your ITV test before that date.

You will need to book for the re-test with an ITV centre.

Note, that once your vehicle has passed the ITV test the renewal date will be based on when the original test expired this year. The period will not start from the date of the revised test.

Speeding and failure to wear a seatbelt increase during State of Alarm

Speeding and failure to wear a seatbelt increase during State of Alarm

39% increase in speeding offences during the state of alarm.

Increase in failure to wear seatbelts

The General Directorate of Traffic reminded drivers of the need to respect the established speed limits, in a period such as the state of alarm in which we are still in and in which vehicle mobility continues to be restricted.

A report confirms an increase in the speed of movement of light vehicles as they pass through speed control points. Specifically, during the state of alarm, the percentage of drivers who were traveling with excessive speed has increased by 39%.

Speed ​​is one of the main risk factors both in the occurrence of accidents and in the consequences thereof. It is essential that drivers respect the established limits. A safe speed protects not only the driver and the passengers who accompany him, but also the other people on the road.

This call for attention was made in the days before the Monday May 11th. Many territories pass into phase 1 in the Plan for the transition to a new normality and that will involve the incorporation of workers into their jobs. A lot of them will opt for the private vehicle for their commute to work at a time when there are  low levels of road intensities.

ACCIDENTS IN THE CORONAVIRUS PERIOD

The number of fatal accidents has reduced as a result of the reduction in traffic. Between March 15 and May 7, the number of fatal accidents has decreased by 71%, and that of deceased persons has decreased by 69%. Thus, 49 people have died during the state of alarm, compared to 159 people who died in 2019.

The state of alarm has also produced an impact on the distribution of fatal accidents between different types of roads. Highways and expressways have registered 19 of the 49 people who died, 39% of the total, when this percentage is usually around 25%.

The most frequent accident during the state of alarm has been the departure from the road, which represents 31 of the 49 deaths, 65% of the total, compared to 35% in the same period of 2019. Distractions and speeding are the most common reason. Two risk factors which the low intensities of traffic that many roads present today may encourage.

Worry data shows that the use of seat belts in occupants of cars and vans has reduced during this period. Ten of the twenty-four people who died did not use a seat belt at the time of the accident.

Therefore, in order for the mobility during the Plan for the transition to a “New Normality” to be developed in a safe way, the General Directorate of Traffic reminded people of the importance of respecting speed limits, avoiding the use of mobile phones while driving and the use of safety accessories. These tips are equally important for driving within cities, whose streets are beginning to circulate an increasing number of pedestrians and cyclists.

ROAD CONTROLS CONTINUE

Although it is true that you can leave homes to walk and do sports at established times, you cannot take the car to travel to second homes. Neither can you travel to beauty spots to walk or play sports.

As a result, the authorities continue to to have road checkpoints throughout Spain. The Guardia Civil continue to verify that the journey is legitimate under the Royal Decree of the state of alarm.

Whilst it might not be your intention to speed or commit any type of traffic infraction, it can happen. You can contract a service to ensure you receive automatic notification of fines by SMS text message or email. This will ensure you can take advantage of the discount of paying the fine early or to dispute it in case of an error.

Source: www.DGT.es