The friendly accident report (parte amistoso): check it before you sign
After a minor crash in Spain, both drivers usually fill in a European Accident Statement (parte amistoso) — a single form that records the agreed version of what happened. Your signature confirms that version, and insurers rely heavily on the form when determining fault. This guide explains what each part means, what to check before you sign, and the mistakes that cost you the claim.
What the parte amistoso is
A friendly accident report (parte amistoso) is the standard two-part form both drivers complete at the scene of a minor collision — no police needed.
Check the report before I sign
It records the date, vehicles, insurers, a sketch of the crash and tick-boxes describing each manoeuvre. Insurers use it to decide who is at fault.
It is not a medical document and not an admission you must sign — if you disagree with the other driver’s version, you do not sign.
When you use it
- Minor collisions with material damage and no serious injuries, where both drivers are present.
- When you want a fast, agreed record without calling the police.
- If there are injuries, a dispute over fault, or the other driver flees — you need the police report (atestado) instead.
NAVICheck your accident compensation — how much and how to claim
NAVI explains how to claim compensation.
Your rights
- You are not obliged to sign a version you disagree with — leave it unsigned and note your disagreement.
- You can fill in the “observations” box and draw your own sketch of how it happened.
- You are entitled to keep a copy (your half of the form) and to photograph everything.
- Signing does not waive a later injury claim — but it does fix the facts, so accuracy matters.
Before you sign — check
- The vehicle and insurer details (plate, policy, name) of the other driver are correct.
- The sketch and the tick-boxes match what really happened — no box implies fault you do not accept.
- No blank fields are left for someone to complete later; cross out empty lines.
- You photograph the scene, both vehicles, plates and the signed form.
Step by step
- Make the scene safe and check for injuries; if anyone is hurt or fault is disputed, call the police for an accident report (atestado) instead.
- Fill in the report jointly: date, vehicles, insurers, witnesses.
- Agree the sketch and tick only the boxes that are true; use “observations” for anything you dispute.
- Do not sign if you disagree — note your version and leave it unsigned.
- Photograph everything and keep your copy of the form.
- Notify the accident and send the report to your insurer within 7 days of learning of it, unless your policy gives a longer period.
A real case: a signed but empty parte proved nothing about fault
In December 2022 a moped and a car collided in El Puerto de Santa María. Both drivers signed a parte amistoso, but they ticked no circumstance boxes and drew no sketch. The moped rider claimed €4,391.26 from the car’s insurer for injuries, treatment and repairs, saying the car pulled out from double parking and turned left right in front of him. The insurer said the car was parking to the left on a one-way, single-lane street and the moped was overtaking where overtaking is prohibited. The first-instance court in El Puerto de Santa María dismissed the claim, and the moped rider appealed.
The non-obvious point. The signed parte decided nothing by itself. The court said so expressly: with no circumstance box ticked and no sketch, the form proves only that the accident happened, when, where and who was involved. How it happened was established from the local police’s internal report, photos of the street and the car driver’s testimony — and that evidence went against the moped rider.
Outcome: the Audiencia Provincial de Cádiz found the moped rider solely at fault (a prohibited overtaking manoeuvre), upheld the first-instance judgment and ordered him to pay the costs of the appeal; he also lost the deposit paid to lodge it. No ordinary appeal lies against the decision.
Limits of the case. This is one provincial court ruling on specific evidence, not a general rule on what a parte is worth. The rule the dispute turned on still applies: art. 1.1 LRCSCVM (RDLeg 8/2004) releases the insurer from liability for injuries only if it proves the injured party was solely at fault. Here it did so without the form — because the form recorded nothing.
Before you sign the form or send it to your insurer, check that the circumstances are ticked and the sketch is drawn. NAVI helps you see what your form already records and what is missing.
Check my parte amistosoCommon mistakes
- Signing a version that blames you just to “be polite”.
- Leaving blank boxes that the other party can fill in afterwards.
- Not keeping a copy or photos of the form and the scene.
- Treating it as proof of injuries — injuries need medical reports.
If the other driver won’t cooperate
- If they refuse to fill it in, leave, or there are injuries, get the police accident report (atestado) — note the plate, take photos and find witnesses.
- You can still claim against their insurer without a signed parte; the evidence you gathered will support your claim.
If there is injury or fault dispute — triage compensation
Not sure about the parte before signing? Ask NAVI
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Related guides
Parte amistoso FAQ
Do I have to sign the parte amistoso?
No. If you disagree with the version or the sketch, leave it unsigned and note your own version in observations.
What happens after I sign?
The signed report fixes the agreed facts; insurers decide fault largely from it, so sign only if it is accurate.
Is it a medical document?
No — injuries are proven with medical reports, not the parte. See a doctor and keep the reports.
The other driver left — what now?
Note the plate, photograph the scene, find witnesses and get a police report (atestado); you can still claim.
How long to send it to the insurer?
The legal default is within 7 days of learning of the accident, unless your policy gives a longer period; check yours.
Can I still claim for injuries if I signed?
Yes. Signing records the facts of the crash as strong evidence — it does not settle your injury claim, which is valued separately on the legal scale (baremo). And strong evidence is not the same as final: a signed report can still be contradicted by other proof, though correcting it later is difficult.
What if a box implies I am at fault?
Do not tick it; describe what really happened in observations and draw your own sketch.
Should NAVI check it first?
Yes — a document check explains the form, the risk of signing and the deadline before you commit.
Official sources
- RDLeg 8/2004 — traffic liability and friendly accident statement
- Ley 50/1980 — insurance notice deadline
- DGT — traffic authority
- DGSFP — insurance regulator
Informational guide, not legal advice. Deadlines and fault depend on each case — check yours with NAVI before signing.
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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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