The center of Barcelona, faced with the recent sentence of the procés, is experiencing strong confrontations between Mossos and groups of violent protesters, which resulted in the burning of cars and containers. A serious and safe situation unknown to many of the owners of those vehicles who can see how their car is partially or totally devoured by the flames. In this case, who will be responsible for the damages? First of all, in order to be able to claim from your insurer any damage caused by a fire, you must have contracted this type of coverage; otherwise, there is nothing to do. The other essential requirement for insurance to come into play is that there is no third party responsible for the damage, according to Autocasión.
If the fire has not completely burned our vehicle, but has affected certain parts such as wheels, seats, engine … the insurance will compensate us with the value of the new part. But … watch out for the tires! If these have been burned, we must take into account the variables managed by each company to know what the type of compensation will be. The reason is simple: with melted rubber, it is impossible to know the state in which they were before the fire. For this reason, to avoid paying more than its possible cost, many insurances choose to grant a certain percentage of the value of new tires.
If the car has been completely calcined, something very likely, we would be within the clause of total car loss or what we usually know as "total accident". Here the famous small print comes into play, to which you must pay special attention, as it varies according to the insurance company. Most usually freeze for what is known as new value and venal value. The first one affects us if our car is two or less years old. In that case, the insurance will cover the total cost of the new model.
Finally, if the fire occurs inside the vehicle the danger is greater, since the seats and the roof is formed by highly flammable materials, and can generate a toxic smoke. After turning off the contact of the car, the best thing in this case (if a fire extinguisher is not available), is to close the doors and windows so that no oxygen enters and thus get the flames to extinguish more quickly.
Penalties of fine and imprisonment
Sagrario Verdejo, responsible for Criminal Law Firm Prolegue, stresses that the burning of vehicles on public roads (art.263 of the CP), committed in particular, constitutes a crime of damage if the value is greater than 400 euros will be punished with the penalty of fine from 6 to 24 months (otherwise it would be a slight crime of damages punished only with the penalty of a fine of 1 to three months, ex. art.236 1 Penal Code). And if the purpose of the damage committed (burning of vehicles to prevent the exercise of authority the penalties will be raised to prison for between 1 to three years (art.263.2 CP).
In fact, if they are integrated into organized actions designed to wreak havoc or acts of sabotage, of art. 346 of the CP, as is the creation of disturbances for the disturbance of public order, alteration of road traffic, prison sentences are increased depending on whether or not people have been damaged.
In any case it will be essential to identify the authors for their detention and demand for criminal and civil liability, the latter, brings cause of the first. This identification work will be carried out by means of the video surveillance cameras installed in the streets of Barcelona; Sometimes the acting intervention force videotapes street raids to later identify the perpetrators in order to respond criminally for the crime of damages and civilly, as a result of the declaration of criminal responsibility. Also the agents that stop the author (and in his search find precursors for fire or burning such as lighters, accelerators of combustion, etc.) and the witnesses will be proof of charge to convict him criminally, which implicitly entails the payment of damages. caused by burning vehicles, glass breakage, rear view mirrors.
Also, always the affected individual, who has burned the vehicle, must file a police report, for the initiation of the criminal action if it has not been initiated ex officio. In addition, the insurer, in order to attend to the claim declaration, inexcusably requests the presentation of the same, to subsequently carry out its own checks, and attend to the payment of the claim provided that said risk has been contracted and the surcharge has been paid passed on by the insurer, namely, if it is hired by the policyholder itself and he has paid the policy and the extraordinary damage coverage is in effect.
Only if the above circumstances occur, the insurers initially pay the damages caused to the vehicles of their insurers (all-risk and all-risk insurance with franchise, the so-called own risk, with the special fire clause), and then the owners of the vehicles assign their procedural position in the trial to the insurer who has attended the accident, to recover the civil liability initially faced by the insurer (ex. art. 117 CP), with which the owner of the vehicle maintains the victim / injured status and the insurer exclusively exercises the civil action within the process, once the damages caused are assessed and paid; Sometimes, due to procedural economy, the Judgment directly indicates that the damages assessed and assumed by the insurer the defendant pays directly to the defendant because he has taken care of the damages caused.
If there is no known author if such special insurance is previously held, the Insurance Compensation Consortium will cover those violently caused as a result of terrorism, rebellion, sedition, mutiny and popular turmoil, that is, the so-called extraordinary risks. Therefore we must distinguish:
1. That the insurance of the vehicle (policy) that does not guarantee extraordinary risks, because of not having contracted said risk, the insurer refuses to attend the accident, for vandalism, opposing the particular conditions of the policy, and compensation will only be charged if there is a procedure criminal conviction with conviction of a known author, and we should be at the solvency of the latter to collect or not.
2. To guarantee it, for having contracted insurance in that sense by the policyholder; therefore, it will be necessary to review each policy of each vehicle to see if the conditional of the policy contemplates such extraordinary coverage, in which case the insurer will pay directly to the injured party and then repeat it to the known perpetrator of the crime; and in the absence of a known author, the Insurance Compensation Consortium will respond to the incident, which will answer yes or yes if having the insured vehicle policyholder signed an insurance policy with a damage insurer. (tagsToTranslate) who (t) we claim (t) burn (t) our (t) car