Man wins €300,000 payout seven years after losing arm in Estepona buggy accident

The legal process, in which the victim has been represented by lawyer Joaquín Fernández-Crehuet, has ended in a direct settlement agreement with the insurance company, which will pay €300,000 to Raymond for the serious after-effects suffered, SUR has learnt.

From the beginning of the case, according to the sources, the company organising the activity denied any responsibility for the accident.

According to the victim's lawyer, the process was severely delayed for years due to the difficulties in serving legal notices, despite the fact that the company was fully aware of the existence of the lawsuit.

In 2025, the preliminary hearing was held in court with the organising company formally declared in default of appearance. In view of the company's failure to appear, only the insurance company linked to the activity appeared in court.

During the course of the proceedings, various expert tests were carried out in order to determine the exact circumstances of the accident and the possible liability of those involved. The insurance company also initially refused to accept liability for the accident.

The insurer argued that Raymond, who worked as a waiter in Benalmadena at the time, was driving the vehicle at the time of the rollover and that he was therefore solely responsible for what happened. Furthermore, it argued that the insurance contract had limits of cover which would not allow it to assume the amount of compensation requested by the injured party's legal representation.

But Fernández-Crehuet, argued that, regardless of who was at the wheel at the time of the rollover, there was clear liability on the part of the company operating the tourist activity.

The plaintiff based the claim on legal grounds by demonstrating the lack of prior information on the risks inherent to the excursion that the user should have received, as well as the passive attitude that the company maintained once the accident had occurred on the ground.

After the long journey through the courts, the strength of the legal arguments led to the signing of a settlement agreement with the insurance company, which will pay compensation of €300,000.

Raymond's lawyer considers that, although the compensation can never fully cover the damage suffered due to the loss of the limb, the final decision does represent a practical recognition of the damage and the procedural effort made by the victim during all these years.

In the words of Fernández-Crehuet, this case reflects a frequent reality: "Many injured parties give up in the face of procedural difficulties and the initial refusal of the companies to assume liability; on this occasion, judicial perseverance has made it possible to reach a very favourable solution for the injured party".

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