They then sued the insurance company of the other party involved, who in the first instance were ordered to pay 21,064 euros in compensation, 15,000 of which corresponded to the miscarriage.

However, what the claimaints had omitted to inform the court was that just one day before the accident the mother had gone to the A&E at the Hospital Materno Infantil in Granada because she had begun bleeding.

This information was presented by the insurance company as part of the appeal, resulting in the original sentence being over turned. The lawyer for the insurance company, Jaime Moisés Tejerizo, had argued that it had not been proven that the accident was the cause of the miscarriage.

Another factor taken into consideration at the appeals court was the “scant intensity” of the road accident because neither suffered abdominal-thorax injuries. Lastly, the fact that the woman had previously had a miscarriage (ectopico), all of which make it impossible to blame the miscarriage on the accident.

(News: Loja, Poniente, Granada, Andalucia)