Find out how to make sure your insurance claims are properly handled and your rights are protected after a car accident in Spain. Our legal team advises you on disputes with insurers and works to make sure your interests as an injured person are respected at every stage, so that you receive appropriate compensation after a road accident.
If you have a crash in Spain, as a resident or as a visitor, call 112, the European emergency number, if anyone is hurt, and ask for the police to attend where there are injuries or a dispute about what happened. Exchange details with the other driver, write down the registration plates and the insurer, take photographs of the vehicles and the road, and note any witnesses. If both drivers agree on the facts, you can complete a joint accident statement (declaración amistosa de accidente). If you are injured, see a doctor and keep every medical report: it is the basis of your claim.
Once the claim is made, Spanish law gives the insurer three months to either make a reasoned compensation offer or give a reasoned reply explaining why it does not. The compensation for personal injury is assessed with the Spanish scale of damages (baremo) set out in Law 35/2015. We review the offer with you and, if it is not adequate, we claim through the courts.
The action against the insurer under the Spanish motor liability law is time-barred after one year, so it is worth speaking to a lawyer soon after the accident rather than waiting for the insurer’s reply.
In Spain, a collision can give rise to a claim for the driver, for passengers and for other victims such as pedestrians or cyclists. If a relative has died in a road accident, the family may also have a claim for the death. Road safety rules and the reports drawn up by the police and other authorities at the scene are often key evidence, so ask for a copy and keep it. If you have a question about your own position, it is worth raising it with a lawyer early.
Details such as the speed of the vehicles, the road conditions and the medical assistance you received can all matter when the insurer assesses the claim. Day by day, keep your medical reports, receipts and any messages exchanged with the insurer, and we will review them with you.
Our firm attends clients in English, whether you live in Spain or are visiting from another country. If you are back home a few weeks after the accident, we can keep working on your claim online and keep you informed.
Advice on drafting and reviewing insurance contracts, making sure the clauses are clear, lawful and fair.
Advice on adding or changing cover, and on understanding and handling the exclusions in your policy.
If the other vehicle is registered abroad, the claim is usually directed to its insurer or to that insurer’s representative in Spain. OFESAUTO, the Spanish office that groups the motor insurers operating in Spain, helps to identify the foreign insurer or its Spanish representative, including through its online accident declaration form when you do not know who insures the vehicle.
Legal representation in compensation claims, making sure insurers meet their contractual and legal obligations.
If the vehicle that caused the accident in Spain cannot be identified, or is registered in Spain but has no insurance, the Spanish Insurance Compensation Consortium (Consorcio de Compensación de Seguros) can compensate the injured person in the cases set out in law. We check whether your accident falls within them and prepare the claim.
Advice on the correct assessment and valuation of damage, working with independent assessors and medical reports to obtain fair compensation.
Defence in disputes with insurers over how the clauses of the contract are interpreted and applied after a claim.
Active representation and defence of the policyholder’s rights against abusive or unfair practices by insurers.
Advice on cancelling or annulling insurance contracts, protecting the interests and rights of the policyholder
Advice on interpreting and applying sector regulations, ensuring compliance and avoiding penalties.
Representation in disputes involving the insurance sector, whether before the ordinary courts or in arbitration
We claim compensation for road accidents from our offices in Madrid and Barcelona. Each city has its own page explaining in detail how we work there.
Your satisfaction is our priority. We guide you through your legal process with empathy, offering a service designed around your case.
We work to achieve outstanding results and to exceed our clients’ expectations.
