How to Claim Insurance After a Car Accident in Spain

🇪🇸 Read the original in Spanish

Suffering a car accident is a stressful experience that, in a matter of seconds, completely disrupts our daily routine. Beyond the initial shock and concern for the health of the occupants, a complex legal and administrative scenario immediately opens up to claim the compensation to which we are legally entitled. In Spain, the process of claiming from insurance is rigidly regulated and requires acting quickly, precisely, and with full knowledge of our rights to prevent insurance companies from minimising their payments. Understanding the legal deadlines, the necessary documentation, and the steps to follow is the only guarantee to ensure a full medical recovery and fair financial compensation.

The legal framework in Spain: Who is liable and under which laws?

The right to claim compensation after a traffic accident is backed by a solid regulatory framework that combines general civil law with specific automotive sector legislation. In Spain, the fundamental principle is that whoever causes harm to another is obliged to repair it.

The Civil Code and non-contractual liability

The basis of any claim for damages lies in *Article 1902 of the Código Civil (Civil Code), which establishes the principle of non-contractual liability: “He who by action or omission causes damage to another, involving fault or negligence, is obliged to repair the damage caused.” Likewise, Article 1101 of the Código Civil*** regulates contractual liability for those cases in which there is a breach of obligations derived from the insurance contract itself.

Specific traffic legislation

Although the Civil Code is the parent regulation, the automotive sector is specifically governed by *Royal Legislative Decree 8/2004, of 29 October, approving the consolidated text of the Ley sobre responsabilidad civil y seguro en la circulación de vehículos a motor (LRCSCVM - Law on Civil Liability and Insurance in the Circulation of Motor Vehicles). This law determines how damage must be assessed and establishes the well-known "Baremo de Tráfico*" (Traffic Scale, which is updated annually) to calculate compensation for temporary injuries, permanent sequelae, aesthetic damage, and death.

The judicial route: Civil Procedure Law

If the amicable route with the insurer fails, the claimant must go to the civil courts. This is where the *Law 1/2000, of 7 January, of Enjuiciamiento Civil (LEC - Civil Procedure Act) comes into play, which regulates the procedures (the Juicio Verbal [Verbal Trial] for claims up to €6,000 and the Juicio Ordinario* [Ordinary Trial] for higher amounts) and the practice of expert medical evidence, which is fundamental to proving physical sequelae.

Step-by-step practical steps to claim from insurance

To ensure the success of your claim, it is vital to follow a strict protocol from the very moment the accident occurs. Any error or omission in the first few hours can be used by the insurer to reject the claim or drastically reduce the compensation.

Step 1: Secure the area and fill out the friendly accident report

Safety comes first. After ensuring the safety of the occupants, the Declaración Amistosa de Accidente (the "friendly accident report" or "blue form") must be completed. It is crucial that it is signed by both drivers and contains the details of the policies, registration plates, and a clear description of the circumstances of the collision. If the other driver does not cooperate or there are conflicting versions, immediately call the **Policía Local (Local Police) or the Guardia Civil (Civil Guard) so they can draft an Atestado (police accident report)**. The police report is irrefutable evidence in a claims process.

Step 2: Go to emergency medical services (The 72-Hour Rule)

This is the most critical step for injury claims. You must go to the emergency department of a hospital or medical centre before 72 hours have elapsed since the accident. If you let this deadline pass, the insurer will deny the claim, alleging the "break in the causal link"—meaning they will argue that your injuries (such as whiplash) were not caused by the accident, but by some other subsequent cause.

Step 3: Report the accident to your own company

You have a maximum period of 7 days to report the accident to your insurance company, as established by *Article 16 of the Ley de Contrato de Seguro (Insurance Contract Law)*. In this communication, you must provide the friendly accident report or indicate if the police intervened.

Step 4: Medical treatment and rehabilitation

Do not interrupt your medical treatment. You must keep every follow-up report, medicine prescription, pharmacy invoice, and proof of rehabilitation sessions. In Spain, traffic accident victims have the right to freely choose their rehabilitation centre (either public or private under the Convenio UNESPA [UNESPA Agreement]) without any cost to them.

Step 5: Submit the formal prior claim

Before being able to go to court, the law (Article 7 of the LRCSCVM) requires submitting a formal written **reclamación previa (prior claim)** to the insurance company of the responsible vehicle. In this document, the damages must be quantified, and all available medical and expert reports must be provided.

Step 6: The reasoned offer or reasoned response from the insurer

Once the prior claim is received, the insurer of the party at fault has a legal deadline of 3 months to present an **oferta motivada (reasoned offer) of compensation (with a breakdown of the money offered) or a respuesta motivada (reasoned response)* (explaining why they reject payment). If the offer is insufficient, negotiations can begin, a complementary medical assessment can be requested through the Instituto de Medicina Legal* (Institute of Legal Medicine), or, finally, a lawsuit can be filed.

Deadlines, amounts, and key figures you must know

In traffic damage law, deadlines are strict for expiration or limitation periods, and amounts are calculated to the millimetre. These are the key figures you must memorise:

• 72 hours: Maximum period to receive the first emergency medical assistance after the accident.
• 7 days: Period to report the accident to your own insurance company.
• 3 months: Period the opposing insurer has to present their reasoned offer or response after receiving your claim.
• 1 year: Limitation period (prescripción) to claim civilly for personal and material damages. This year starts counting from the day of the accident for material damages, and from the date of "estabilización lesional" (medical stabilization—when the doctor gives you the final discharge and the permanent sequelae are determined) for personal injuries. This period can be interrupted by sending a burofax (certified registered mail) or another form of legally binding formal demand.
• *Late payment interest (Article 20 of the Ley de Contrato de Seguro): If the insurer does not pay or offer minimum compensation within 3 months following the accident, they will incur default. The annual interest will be equivalent to the legal interest rate of money increased by 50%, and if more than 2 years elapse, the interest cannot be less than 20%* per year.
• *Compensation per day of recovery (Baremo de Tráfico)*: Compensation for temporary injuries is calculated per day of healing. The approximate current amounts are divided into:
• Very serious day (ICU admission): approximately €119.00/day.
• Serious day (hospital admission): approximately €95.00/day.
• Moderate day (sick leave or impediment to daily life): approximately €67.00/day.
• Basic day (healing period without sick leave but with treatment): approximately €38.00/day.

Practical examples of compensation calculations

To understand how these rules and figures apply in real life, we analyse two common scenarios on Spanish roads.

Example 1: Carlos's whiplash (Moderate temporary injury)

Carlos is rear-ended while stopped at a red light in Madrid. He goes to the emergency room 24 hours after the accident (complying with the 72-hour rule) where he is diagnosed with a cervical sprain. Carlos works as an administrator and requires 15 days of sick leave (moderate days) and subsequently undergoes 30 days of active rehabilitation while already back at work (basic days) until receiving medical discharge with no permanent sequelae.

• Calculation of compensation for temporary injuries:
• 15 moderate days x €67.00 = €1,005.00
• 30 basic days x €38.00 = €1,140.00
• *Additional expenses (daño emergente - consequential damage): Carlos spent €45.00 on medicines (with invoices and prescriptions) and €120.00* on taxi journeys to go to rehabilitation (with receipts).
• Total compensation for Carlos: €2,310.00.

Example 2: Sofía's motorcycle accident (Serious injury with sequelae)

Sofía is hit by a car that runs a yield sign. She suffers a fractured tibia. She spends 5 days hospitalised (serious days), 60 days of sick leave at home (moderate days), and 40 days of rehabilitation (basic days). After discharge, the medical expert determines that she has a permanent sequela (chronic pain and limited mobility) valued at 3 sequela points according to the Baremo, plus a light aesthetic impairment of 1 point for the surgical scar.

• Calculation for healing days:
• 5 serious days x €95.00 = €475.00
• 60 moderate days x €67.00 = €4,020.00
• 40 basic days x €38.00 = €1,520.00
• Subtotal days: €6,015.00
• Calculation for sequelae (based on Sofía's age, 30 years old):
• 3 functional sequela points: approximately €3,200.00
• 1 aesthetic sequela point: approximately €800.00
• Subtotal sequelae: €4,000.00
• *Loss of income (lucro cesante - loss of profits): Sofía is self-employed (autónoma*) and proves through her VAT returns from the previous year that she lost €1,500.00 net during her two months of sick leave.
• Total compensation for Sofía: €11,515.00.

Mistakes to avoid when claiming from the insurance company

Making a mistake in the initial phase of the process can completely invalidate your right to collect fair compensation. Pay special attention to these common errors:

• Not going to the emergency room within the first 72 hours: This is the most frequent mistake. Although the pain may seem mild on the first day (it is common for neck or back inflammation to increase 24–48 hours later due to the initial adrenaline), you must go to the hospital. Without an emergency medical report before 72 hours, no compensation for injuries is possible.
• Accepting the insurer's first offer without advice: Insurance companies often make quick, low offers to close the file before the injured party knows the real extent of their sequelae. Never sign a compensation release form (finiquito) without an independent lawyer or medical expert assessing whether the amount complies with the Baremo de Tráfico.
• Blindly trusting "your insurance company's lawyer": Your car policy includes legal defence coverage (defensa jurídica), which means your insurer assigns you a lawyer. However, insurance companies have non-aggression agreements among themselves (CIDE/ASCIDE agreements). Your company's lawyer, although professional, has spending limits and corporate guidelines. You have the right to choose an external and independent lawyer, whose fees are usually covered (fully or partially) by the legal defence clause of your own policy.
• Not keeping expense receipts or invoices: It is not enough to say you spent money on medicines, lumbar supports, taxis, or crutches. Everything must be backed by a formal invoice (factura—a simple cash register receipt is not sufficient) and must be directly related to the prescriptions in the medical reports.

Frequently Asked Questions (FAQ)

What happens if the driver at fault has no insurance or flees?

If the vehicle that caused the accident is uninsured, stolen, or flees without its registration plate being identified, the claim is not lost. In Spain, the body responsible for assuming compensation in these cases is the **Consorcio de Compensación de Seguros (Insurance Compensation Consortium)*, a public body under the Ministry of Economic Affairs. The procedure for claiming before the Consorcio* is similar to that of a private insurer, requiring the police report to prove the existence of the accident.

Can I claim if I was the passenger or travelling on public transport?

Yes, absolutely. Occupants of a vehicle (whether they are passengers in the car at fault, in the affected car, or passengers in a bus or taxi) always have the right to be compensated for their injuries at 100%. Passengers are never to blame for the driving and are protected with priority by law. Their compensation will be paid by the insurance of the vehicle in which they were travelling or by that of the opposing vehicle, depending on who caused the accident.

Am I entitled to compensation if the accident occurred on the way to work?

Yes. These types of accidents are called in itinere traffic accidents. They have a double protective aspect: on one hand, they are considered work accidents for Social Security purposes (which may entitle you to an enhanced temporary disability benefit and assistance from a mutual insurance collaboration society); and on the other hand, you retain intact your right to claim civil compensation from the insurance of the responsible vehicle according to the Baremo de Tráfico. Both routes are compatible, although certain duplicate concepts are deducted to avoid unjust enrichment.

What is the free choice of lawyer and who pays for it?

The free choice of lawyer (libre elección de abogado) is the right you have as an insured party to appoint a professional of your trust (unrelated to the insurance companies) to manage your claim. This right is regulated in the conditions of the Legal Defence coverage of your own home or car policy. Your insurance company is obliged to pay the fees of your private lawyer up to the financial limit set in your contract (which usually ranges between €600 and €3,000), which in many cases covers the entirety of the independent lawyer's services.

In summary

• The golden rule of 72 hours: It is mandatory to go to medical emergency services within the first 72 hours following the accident to be able to claim for injuries.
• Claim deadline: You have a period of 1 year to claim compensation through the civil route, starting from the final medical discharge (stabilization of injuries).
• The importance of evidence: Keep accident reports, police reports, emergency reports, sick leave forms, expense invoices, and medical prescriptions.
• The reasoned offer: The opposing insurer has 3 months to make you a formal compensation offer from the moment they receive your prior claim.
• Independent lawyer: You have the right to choose your own external lawyer; the expenses are usually covered by the legal defence guarantee of your insurance policy.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.