Civil liability

Everything starts with an accident involving two trucks and a car . Initially, there was a criminal proceeding, but it ended up being archived due to a waiver. Later, in a summary judgment initiated by the owner of one of the trucks, percentages of "fault" or causal contribution of each party were established.

Later, in a third proceeding (now an ordinary trial), the owner, the driver, and several passengers of the car claimed compensation for injuries (and initially also for property damages) against several insurance companies. Their idea was that each company would pay the percentage that corresponded, plus interests.

One of the insurers defended itself by stating that the claim against it had arrived late , that the action was time-barred and, furthermore, the "acts to interrupt" the time bar (for example, out-of-court claims) had not been carried out against that entity, but against another one.

At first instance, the court partially condemned one insurer and acquitted the other due to time bar, as only interruptive conversations with the first one were proven. The Provincial Court upheld that notion and emphasized that the "expansive effect" of CC art. 1974 could not be applied when dealing with improper solidarity .

The Supreme Court dismisses the appeal and confirms that the action was time-barred against the insurer sued late. It explains that the annual deadline starts when the action can be exercised, in these accidents, from the notification of the criminal record or, if later, from the date of health (when the injuries stabilize). It also clarifies that the judgment of the verbal trial that set percentages does not create a new action or delay the start of the deadline until its firmness, only specific quotas and declares joint liability . And it adds that this judgment does not interrupt the prescription against those who were not part, especially when there was no counterclaim and the other insurers were not called to the lawsuit. If you feel harmed and in a position to demand responsibilities for any damage suffered due to a traffic accident, our professionals can assist you in exercising your claims

If you feel harmed and in a position to demand accountability for any damage suffered due to a traffic accident, our professionals can assist you in pursuing your claims