2 Liability derived from driving the insured vehicle
Procedure to follow in the event of a claim (Liability, defence of the insured ) (Applicable to liability types A, B and C )
1. Obligation to report and cooperate. The policyholder or the insured must, in addition, inform the insurer, as soon as possible, of any legal, out-of-court or administrative notifications received in relation to the claim, as well as of any information concerning the circumstances and consequences thereof.
In breach of this obligation, the right to the indemnity shall only be lost in the event of gross negligence or wilful misconduct, in which case, if the insurer has made any payments or been obliged to make them, it may claim reimbursement of such payments from the policyholder or the insured.
The insured must offer all necessary cooperation with regard to the insurer's legal management of his / her defence, undertaking, where necessary, to grant any powers of attorney or personal assistance that may be required.
2. Appeals and proceedings. Irrespective of the ruling or result of the legal proceedings, the insurer reserves the right to decide whether or not to initiate the applicable legal appeals against it or to accept it.
If the insurer considers an appeal inadmissable, without prejudice to the possibility of filing one for reasons of urgency, it will duly inform the insured, who will be free to file it at his / her sole expense, and the insurer undertakes to reimburse the legal costs and fees for lawyers or court attorneys should the appeal succeed.
3. Conflict of interest. In the event of a conflict of interest between the insured and the insurer as a result of the latter's need to back interests in the claim contrary to those of the insured's defence, the insurer will duly inform the insured, without detriment to the taking of those steps that, due to their urgent nature, may be necessary for the defence. In this case, cover shall only be provided if the insured continues to allow the insurer to handle the legal management of his / her defence.
4. Indemnities. The indemnities for all damage and injuries caused to people will be calculated in accordance with the criteria and limits set forth in the appendix to the Revised Text of the Motor Vehicle Transit Liability and Insurance Act.
The insured may not negotiate, admit or reject any claim related to claims covered under this policy without authorisation from the insurer. Should s/he do so, it shall entail a waiver of his / her rights as the insured, and s/he will be bound to fulfil, at his/her own expense, all obligations and consequences derived from his / her actions.
The insurer may, at any given time, reach a settlement with the injured parties regarding the amount of the indemnities claimed, subject to the limits of the policy's cover.
5. Right of recourse. The insurer may sue the policyholder, driver, owner or insured for the cost of any indemnities it has to pay as a result of the exercise of direct action by the injured party or his / her assignees, pursuant to the terms of the revised text of the Motor Vehicle Transit Liability and Insurance Act, its rules and any other applicable legal provisions.
Own damage to the insured vehicle