Compensation after an accident in Spain: how to claim
Hurt in an accident in Spain — on the road, as a passenger, at work or through medical negligence? You can usually claim compensation for both personal injury and material damage, but who pays and how depends on the type: the other party’s insurer, your own, the work mutual insurer (mutua) / INSS, or the health service. This guide explains the routes, the evidence that decides a claim — friendly accident report (parte), police accident report (atestado), medical reports — the deadlines, and the mistakes that sink compensation.
Which accidents give a right to compensation
Traffic (by car or motorbike, as a pedestrian or passenger): the at-fault driver’s insurer pays; injuries follow the legal traffic-injury scale (baremo) — the tables used to value treatment days, lasting effects and compensation.
Work accident / occupational disease: handled through the work mutual insurer (mutua) and INSS, with a possible increase in benefits where the employer was at fault (recargo de prestaciones) — an extra percentage added to benefits when the employer breached safety duties.
Medical negligence: a claim against the hospital/clinic — public liability claim (reclamación patrimonial) for public healthcare, or a private claim — for harm caused by sub-standard care.
In all of these cases you can claim personal injury and material damage — and you do not have to accept the first offer.
Who it affects
- Anyone injured in a road accident — driver, motorcyclist, pedestrian, or passenger (including tourists).
- Workers injured on the job or with an occupational illness.
- Patients harmed by medical negligence in a public or private centre.
- Anyone whose claim the other party’s insurer is underpaying or refusing to pay.
NAVICheck your accident compensation — how much and how to claim
NAVI explains how to claim compensation.
Your rights
- You can claim both personal injury and material damage; traffic injuries are valued on the legal injury scale (baremo).
- You have the right to be seen by a doctor and to your medical reports — they are the backbone of the claim.
- You can claim against the other party’s insurer; if they delay without cause, interest can apply.
- You do not have to sign a claim-closing final settlement (finiquito) — a document that can close the file for a fixed amount; a low or unfair one can be challenged.
What you need
- The friendly accident report (parte amistoso) or the police accident report (atestado) and the date.
- Medical reports from the first visit onward (the injury and its evolution).
- Photos, witnesses, invoices/receipts and any independent expert report (informe pericial).
How to claim
- Get medical attention immediately and keep every report — no medical record, no claim.
- Gather the proof: friendly report (parte), police report (atestado), photos, witnesses, invoices.
- Work out who responds: the other driver’s insurer, the work mutual insurer (mutua) / INSS, or the health centre.
- Claim to that party in writing; do not negotiate the other insurer alone.
- If they deny it or offer too little, escalate — independent expert (perito) and the judicial route.
- Do not sign a final settlement (finiquito) until the figure is fair; keep every document.
Real cases: what the mistake cost
One crash, two injured: €12,537 for one, nothing for the other. A car was hit from behind, with a driver and a passenger inside. The insurer never disputed that the other driver was at fault — the fight was only about money. Both women sued together, through the same lawyer, and the first-instance court dismissed both claims as time-barred.
What was not obvious. The one-year clock does not start at the crash but when the injuries stabilise — and that date fell differently for each woman, because their injuries differed. Two people from the same car, one accident, two different deadlines. The second half of the trap was proof of the claim letter: the court accepted neither that the lawyer's email had been sent nor that it had arrived, and treated only the later, undisputed letter as the claim. For the passenger that date was still in time; for the driver it no longer was.
What the mistake cost: nothing instead of €7,517.91 for the driver, plus the costs of her own appeal. In the same proceedings the passenger was awarded €12,537.37 plus art. 20 Ley de Contrato de Seguro interest.
The rule on when the clock starts has not changed, so the lesson holds: pin down the stabilisation date of your own injuries and send the claim in a way you can prove arrived.
The guide above sets out the ordinary claim route. What to check is not the amount, but the day your clock started and how you would prove your claim was received.
Check my situationCommon mistakes
- Not seeing a doctor — it breaks the link between the accident and the injury.
- Signing a quick final settlement (finiquito) for the first low offer.
- Negotiating with the other party’s insurer without advice.
- Letting the claim deadline pass.
If they deny it or pay little
- If the other insurer denies the accident or refuses to pay, you can claim formally and go to court.
- If the offer is low, an independent expert (perito) and the legal injury scale (baremo) support a higher figure — see the low-payout guide.
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Related guides
Accident-claim FAQ
Who pays after a traffic accident?
The at-fault driver’s insurer; injuries are valued on the legal injury scale (baremo).
What if I was a passenger or a tourist?
Passengers are usually covered regardless of fault — you can still claim for your injuries.
Was it a work accident?
It is handled through the work mutual insurer (mutua) and INSS, with a possible benefit surcharge (recargo de prestaciones) if the employer breached safety duties.
Can I claim for medical negligence?
Yes — against the centre: public liability claim (reclamación patrimonial) for public healthcare, or private claim for harm from sub-standard care.
Should I sign the insurer’s final settlement?
Not until the figure is fair; signing a low final settlement (finiquito) can close the claim for too little.
How long do I have?
There are claim deadlines that vary by type — act early and check yours.
Do I need a doctor’s report?
Yes — the medical record links the accident to the injury and is the core evidence.
They pay too little — what now?
Use an independent expert (perito) and the legal injury scale (baremo); the judicial route can correct a low offer.
Official sources
- DGSFP — insurance regulator
- Traffic injury scale (Baremo, Ley 35/2015 / RDLeg 8/2004) — BOE
- Ley de Contrato de Seguro — insurer delay and interest (BOE)
- Ley General de la Seguridad Social — work accident and recargo (BOE)
- Ley 31/1995 — workplace-risk prevention (BOE)
- Ley 41/2002 — patient records and clinical documentation (BOE)
- Ley 40/2015 — public liability principles (BOE)
- Ley 39/2015 — public liability procedure and deadline (BOE)
- Código Civil — civil liability (BOE)
Informational guide, not legal advice. Claim routes, the legal injury scale (baremo) and deadlines are specific to each case — check yours with NAVI.
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Checked by the RightNOW team · Change history
- Real case reworked as a lesson: what was not obvious, how it ended, link to the decision.
- Language review: wording and terms checked, corrections applied. Versions: RU, EN · Антон Белянский, QA review
- Legal basis, deadlines and figures re-checked against official sources.
- Page published.
This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.
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