Arbitration & Mediation

Spanish driver sues the cyclist he killed for property damage caused in wreck.

By Christopher Annunziata

Who says the Europeans aren’t as litigious as Americans? This guy certainly proves that theory wrong:

A Spanish driver who collided with a cyclist is suing the dead youth’s family 20,000 euros (14,800 pounds) for the damage the impact of his body did to his luxury car, a Spanish newspaper reported on Friday.

I’m not sure what his legal theory against the family is. This certainly wouldn’t fly here. And if this guy drove a roughly $80,000 Audi A8 - their flagship sedan, why didn’t he have collision insurance? Is auto insurance that radically different in Spain?

The family are understandably distraught. After taking pity on the man for his role in their son’s accidental death, they now say they are disgusted that the driver is only concerned about getting reimbursed for his property damage.

“This was the final straw, a kick in the teeth,” the youth’s mother Rosa Trinidad told El Pais.

As a cyclist, I hope the judge laughs this guy out of court. Does Spain have a “loser pays” system?

Full post as published by CKA Mediation and Arbitration Services Blog on January 27, 2008 (boomark / email).