Traffic accident in Spain: how to claim compensation step by step
The roads of the province (the A-31, the A-43 between Villarrobledo and Tomelloso, the N-430 and the approaches to Albacete) account for many of the accidents we handle. If you have suffered injuries or damage and were not at fault, you are entitled to compensation paid by the insurer of the vehicle responsible. These are the keys to not leaving money on the table.
What to do in the first hours
- Fill in the accident report (parte amistoso) or call the Guardia Civil or local police if there are injuries or disagreement.
- Go to A&E even if the pain seems mild. The initial medical report is the main evidence linking the accident and the injury; for whiplash the law also requires a report proving it.
- Take photos of the scene, vehicles and road signs, and note down witnesses’ details.
- Report the accident to your insurer within 7 days.
The prior claim to the insurer
Before going to court, Spanish law requires an out-of-court claim to the liable party’s insurer, with the medical records and accident details. From then on, the insurer has three months to make a reasoned compensation offer or give a reasoned reply if it rejects the claim.
Many initial offers fall short. Do not sign a settlement until a lawyer has checked that it covers every item.
How compensation is calculated: the scale
Injury compensation is calculated using the compensation scale in Law 35/2015, updated every year. It includes, among other items:
- Days of personal loss: basic, moderate, serious or very serious, depending on how the injuries affect your daily life and whether you are in hospital.
- Surgical procedures.
- Permanent after-effects, scored by points according to their severity and your age.
- Financial loss: medical, rehabilitation and travel costs, and loss of earnings if your income stops.
On top of this comes the material damage to the vehicle and belongings.
Deadlines you cannot miss
- The right to claim generally expires after one year, counted from final medical discharge or stabilisation of the after-effects.
- If there were criminal proceedings, the period starts when they end.
- A written claim to the insurer interrupts the limitation period.
If the insurer does not offer a fair amount
You can request an assessment from the Institute of Legal Medicine, which is free and provides an impartial report. If there is still no agreement, the next step is to sue. An independent medical expert is often decisive in defending after-effects that the insurer plays down.
Do I need a lawyer?
It is not compulsory for the prior claim, but it is highly advisable: the gap between the first offer and the final compensation is usually significant. And if you were not at fault, your legal expenses cover usually pays the lawyer you freely choose.
How we help
We value your injuries using the current scale, claim against the insurer and negotiate. If there is no agreement, we represent you before the courts of Albacete and Villarrobledo. We assist clients from La Roda, San Clemente, Tomelloso and the whole area, including foreign residents and visitors, in English.
Frequently asked questions
Can I choose my own lawyer even if my insurer has one?
Yes. Spanish law recognises free choice of lawyer, and your legal expenses cover usually pays their fees up to the insured limit.
What if the driver at fault had no insurance or fled?
The Insurance Compensation Consortium (Consorcio de Compensación de Seguros) pays, using the same scale.
How long does it take to get paid?
If the insurer makes an acceptable offer, a few weeks after discharge. If it goes to court, it can take several months.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
