The Spanish Government is accelerating the approval of extraordinary aid for victims of the train accident in Urda, Toledo, which occurred last Wednesday. The Ministry of Transport has confirmed that the package will be “exactly the same” as the one approved earlier this year for those affected by the Adamuz and Gelida accidents.
The measures will increase the compensation provided through the Compulsory Passenger Insurance (SOV). Payments will reach €84,141 for extremely serious permanent injuries and €72,121 in the event of a passenger’s death. The Ministry said it is completing the aid package and expects to have it ready tomorrow.
The SOV is included in the price of a travel ticket and covers physical, psychological and neurological injuries sustained during a journey. Under the measures approved in February for Adamuz and Gelida, the maximum death benefit rose from €36,060 to €72,121, while compensation for serious permanent injuries increased from €42,070 to €84,141.
If the Urda package follows the same terms, compensation will be determined by the severity of the injuries and sick leave resulting from the accident will be treated in the same way as leave caused by a workplace accident. Beneficiaries will not need to prove a minimum period of social-security contributions to qualify for temporary incapacity coverage.
The regulations divide compensation for injured passengers into 14 categories. The highest category, worth €84,141, covers extremely serious injuries such as tetraplegia, total loss of vision, amputations, dementia and severe cardiorespiratory impairment. The second category provides €60,101 for paralysis and serious brain damage, while the third sets compensation at €54,086 for spinal-cord injuries and loss of mobility.
Lower categories cover injuries including hearing loss, paralysis of one leg, fractures and burns. The lowest category provides €2,404 for injuries such as fractures, herniated discs and nasal injuries.
To qualify, applicants will need to show that their injuries were a direct consequence of the accident and that they were travelling on one of the two trains involved. Coverage applies to passengers, drivers, trainees and onboard staff. Children are also covered even though they do not pay for their tickets. As a personal accident policy, the SOV cannot generally refuse payment of the applicable amount.
The previous aid process allowed advance payments without waiting for civil liability to be determined. Victims, relatives or authorised representatives had to submit documents linking the injuries to the accident. After examining each case, the Ministry published a provisional list of beneficiaries, who then had ten working days to submit objections before the awards were confirmed and payments made.
People who deliberately caused the accident or did so while under the influence of alcohol or other drugs may be excluded from the SOV compensation. Once the judicial proceedings are complete, civil-liability insurance could provide additional assistance to victims and relatives in cases involving deaths, potentially ranging from €3 million to €9 million. That payment would depend on the investigations and court proceedings establishing responsibility among Renfe, Iryo or Adif, the railway infrastructure manager.
Sources: La Vanguardia.