Motorcycle accident compensation in Spain: how to claim
Hurt in a motorbike crash in Spain? As a rider you are far more exposed, but the rule is the same: the at-fault driver's insurer pays, and your injuries are valued on the legal traffic-injury scale (baremo). This guide covers who pays, the evidence that decides it (police report, medical reports, your helmet and gear), the deadlines, and the mistakes that sink a claim — even when the other side blames the rider.
What you can claim
Personal injury — valued on the legal traffic-injury scale (baremo): treatment days, lasting effects and loss of income.
Material damage — the motorbike, your helmet and protective gear, and other belongings damaged in the crash.
The at-fault driver's insurer pays; if fault is shared you can still claim a proportional amount.
You do not have to accept the first offer.
Who it affects
- Riders and their passengers injured by another vehicle.
- Riders blamed unfairly when the car driver turned, opened a door or pulled out.
- Anyone the other insurer is lowballing or refusing on a “shared fault” argument.
NAVICheck your accident compensation — how much and how to claim
NAVI explains how to claim compensation.
Your rights
- You can claim personal injury and all material damage; injuries follow the baremo.
- You have the right to medical care and to your reports — they link the crash to the injury.
- You can claim against the other party's insurer; unjustified delay can add interest.
- You do not have to sign a final settlement (finiquito) — a low or unfair one can be challenged.
What you need
- The police accident report (atestado) or the friendly report (parte amistoso) and the date.
- Medical reports from the first visit onward, and photos of injuries.
- Your damaged helmet and gear (keep them — do not throw them away), photos of the scene and the bike, and a repair quote.
- Witnesses and, where available, dashcam or street-camera footage.
Check an oferta motivada or peritaje
How to claim
- Get medical attention immediately and keep every report — no medical record, no claim.
- Get the police report (atestado) or fill the friendly report (parte amistoso); note the other vehicle and insurer.
- Keep the helmet and gear, photograph the scene and the bike, and gather witnesses.
- Claim to the at-fault driver's insurer in writing; do not negotiate alone.
- If they blame you, 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.
Prepare the first insurer request
Common mistakes
- Not seeing a doctor — it breaks the link between the crash and the injury.
- Admitting fault at the scene or in messages to the other insurer.
- Throwing away the damaged helmet and gear — they are evidence of the impact.
- Accepting the first low offer or letting the claim deadline pass.
If they blame you or pay little
- A “shared fault” or “rider's fault” argument can be challenged with the police report, the scene evidence and witnesses.
- If the offer is low, an independent expert (perito) and the baremo support a higher figure — and the judicial route can correct it.
Prepare a complaint against denial or low payout
Injured in a motorbike crash in Spain? Ask NAVI
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Related guides
Motorcycle-accident FAQ
Who pays after a motorbike accident?
The at-fault driver's insurer; your injuries are valued on the legal traffic-injury scale (baremo).
They say it was partly my fault — can I still claim?
Yes; with shared fault you can claim a proportional amount, and the police report and evidence can challenge the split.
Can I claim for my helmet and gear?
Yes — keep the damaged helmet and gear; they are both compensable material damage and evidence of the impact.
Do I need medical reports?
Yes — see a doctor at once; the medical record links the crash to the injury and underpins the claim.
How long do I have to claim?
There are deadlines that vary by case — act early and check yours.
Should I sign the insurer's settlement?
Not until the figure is fair; signing a low final settlement (finiquito) can close the claim for too little.
The insurer offered very little — what now?
Use an independent expert (perito) and the baremo; the judicial route can correct a low offer.
I was a passenger on the bike — am I covered?
Passengers are usually covered regardless of who was at fault — you can claim for your injuries.
Official sources
- DGT — traffic authority
- RDLeg 8/2004 / traffic injury scale (Baremo) — BOE
- DGSFP — insurance regulator
Informational guide, not legal advice. The injury scale, fault and deadlines are specific to each case — check yours with NAVI.
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Checked by the RightNOW team · Change history
- 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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