CIVIL LIABILITY. MOTIVATED OFFER. CONTRIBUTION OF FAULTS.

Generally, the insurer is bound by the terms of the reasoned offer. Thus, if it acknowledges liability without alleging contributory negligence, it cannot later invoke it to oppose a legal claim for higher compensation.

Traffic accident. The insurer issued a reasoned offer without applying any reduction for the injured party's causal contribution. The company denied liability in the proceedings initiated by the injured party, who disagreed with the offered sum, alleging sole fault on the part of the victim and, subsidiarily, contributory negligence.

The judgment upholding the subsidiary claim was appealed. As a general rule, the insurer is bound by the amount and terms of the reasoned offer. Therefore, if the offer was made without denying liability and without reducing the damages due to potential contributory negligence, the insurer cannot later raise these grounds for opposition in the legal proceedings, the sole purpose of which must be the correct quantification of compensation based on the extent of the injuries, resulting disabilities, and other damages, according to the evidence presented. Exceptions to this general rule apply. Possible disassociation of the insurer if it made the reasoned offer for reasons beyond its control, without having all the necessary information to make a well-founded and documented decision. Return of the proceedings to the lower court for a ruling on the related issues.