June 6, 2011 at 12:16 pm #56249
I purchased a small one-bedroomed flat in southern Catalonia about 4 years ago,which I use for about 4 months each year,- I am non-resident
I am contemplating carrying out some improvements to property,involving hiring an electrician(additional power points etc)and a house painter
My insurance company,Intasure,has informed,me that workers of this nature are not covered by my (standard) household insurance policy
David Searl,in his book”You and the Law in Spain”19th edition(2008/2009)issues a warning in this regard(pages 313/314)
“Your household policy will not cover a worker injured on your property.Ask to see his Social Security card-deal with a registered building contractor”
I approached two electrical contractors,both with small shops/offices-the first failed to arrive at the appointed time,the second indicated politely that they were not available for this type of work.Both are interested in installing expensive gas/air-conditioning units. I have now”parked” the issue for a short period
My concern in this matter is,of course,that the worker in question might be injured on my property ,might not have accident insurance and might lodge a claim against me.I appreciate that he would probably have to establish negligence on my part,but I suspect that there are Spanish lawyers who would have no great difficulty in formulating a claim alleging negligence and I am uncertain how the courts might respond.In a worst case scenario one might employ(for example) a house painter who might contrive an accident in the hope of securing compensation.One Spanish person did say to me that persons working on their own behalf -“autonomos”-should have their own insurance–if they do not,and suffer an accident,then that is their misfortune-I am not convinced of this
I would appreciate any information and guidance that might be offered by persons who have knowlege or experience in this area
June 6, 2011 at 12:45 pm #104814
The Spanish person you mention is right on grounds of common sense & the law. In practise you will find self employed or even other will not have this Insurance.
Knowing Spain & their left wing leaning’s the Court will certainly expect you to pay. Even when the law requires in the first place for the tradesmen to have this Insurance.
Besides if you place a claim will the Insurance Company payup ????????
Welcome to Spain.
June 7, 2011 at 8:34 am #104840
Many thanks for reply shakeel-your assessment of likely Courts view in matter of particular interest to me
If anyone else has information or relevant experience(s) in this issue would be glad to receive
June 7, 2011 at 9:13 am #104842
My opinion of the Court’s is based on experience of the forum users & my Spanish friends some of them I dare say are Lawyers.
a) The judges in Spain study to become a judge as appose to having legal background & years of experience and having done the legal circuit.
b) Bribery of the Judges. In some very high profile cases the Judges were seen to be drinking with the defendent a night before the Court hearing.
c) Developers have won their cases when they had built illegaly on a agricultural land & without permission from the local Council etc.
d) Banks have not paid out on guarantee for non performance & have still won the cases against the consumer favouring the Banks.
e) As a non Spaniard, you will be treated as some one wealthy & it will not hurt you to pay to a local Pedro.
Need , I carry on !!!!!!!
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