The sentence considers that there has been a fraud of law by “omission” in the action of the insurer by unjustifiably delaying the payment of compensation.
A judge has sentenced the Barcelona municipal Bicing service insurer to pay some 457,000 euros to the two children of a woman who was run over in 2019 on the city’s Diagonal Avenue by a user who fled after running her over.
On January 23, 2019, a 63-year-old woman was fatally run over after getting off a bus by a Bicing service bicycle driven by a person who did not respect the pedestrian crossing preference, who could not be identified and who left the bus. place of the facts without being interested in the state of the victim of the outrage.
The woman, who after the accident was left with “significant cognitive” consequences and “severe dependence”, finally died in April 2020 as a result of post-traumatic dementia and after several surgical interventions, but the insurer, Segur Caixa-Adeslas, delayed the compensation payment.
In a sentence, the head of the Court of First Instance number 49 of Barcelona has partially upheld the lawsuit filed by the relatives of the woman fatally run over, represented by the Vosseler law firm.
The judge, in her sentence, condemns the insurer to pay compensation of 185,123.5 euros and 153,798.99 euros for the two children of the victim, respectively, plus default interest, which amounts to just over 118,000 , compared to the 740,296.90 euros that the plaintiff requested in total for days of hospitalization, sequelae and subsequent death.
In the sentence, against which an appeal can be filed within twenty days, the magistrate considers that there has been a fraud of law by “omission” in the action of the insurer by unjustifiably delaying the payment of compensation.
Based on the reports provided by the experts in this lawsuit, the ruling maintains that the deceased woman required 175 days to stabilize her injuries, of which 17 involved very serious personal injury and the remaining 158 days, caused her a serious personal injury.
In addition, the judge highlights in her resolution, since July 16, 2019 “it was no longer possible to know what the status of the sequelae was going to be” of the woman, so that on this issue she estimates the degree of sequelae requested by the victim’s family.
“It is not understood why” in July 2019, when the woman’s condition worsened, “no reasoned offer was made or the minimum amount of compensation was set” or in the following months, despite the claims of the defense of the family before the insurer, argues the magistrate.
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