Traffic accident in Spain: what to do as an injured party to claim insurance compensation

Which accidents and vehicles this covers

The same right to compensation as the injured party (perjudicado) applies across road accident types: a car accident, a motorcycle accident, a bus or public-transport accident, a lorry or transport accident, or being hit as a pedestrian, cyclist or e-scooter rider. Whether you were the driver, a passenger or a non-driver, if someone else was at fault you can claim against their insurer through direct claim against the insurer (acción directa) — and the same evidence and deadlines below apply.

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First minutes after the accident

The DGT recommends the PAS sequence: Proteger, Alertar, Socorrer — protect the scene, alert, assist.

• Stop safely away from traffic lanes if possible. Do not get out of the car in the middle of a lane.
• Switch on hazard lights immediately. Put on your high-visibility vest (chaleco reflectante) before stepping out.
• Use the connected V-16 warning beacon (baliza V-16 homologada y conectada) if your vehicle is immobilised; since 1 January 2026 it is the regulatory roadside warning device in Spain.
• Call 112 if there are injured people, fire or a safety hazard. Give the exact location, number of vehicles and visible injuries. Do not move seriously injured people unless there is an immediate threat to life.
• Photograph the scene before anyone moves their vehicle. A photo taken before the cars are moved is worth ten taken after.

When to call the police

Police (Policía Local, Guardia Civil, Mossos d'Esquadra or Ertzaintza) produce a police accident report (atestado) — the official accident report. It is the strongest evidentiary document and far harder for an insurer to challenge than a self-completed friendly accident report (parte amistoso).

Call the police if:

• Anyone is injured — any pain, complaints, or loss of consciousness.
• Fault is disputed and the drivers cannot agree.
• The other driver refuses to share their details, flees or disappears.
• The other vehicle has no valid insurance.
• There are signs of alcohol or drug use.
• Third-party property is damaged: a fence, a signpost, a shop front, a parked car.
• Three or more vehicles are involved.
• A pedestrian, cyclist or e-scooter rider is involved.

Friendly accident report (parte amistoso): when to sign, when not to

The friendly accident report (parte amistoso) (Declaración Amistosa de Accidente, DAA) is a joint accident declaration completed by both drivers without police. It is practical when there are no injuries and both parties agree on all the facts.

You can sign if: both sides agree on the facts, diagram, description and insurance details; there are no injuries; both vehicles are insured.

Do not sign the friendly accident report (parte amistoso) if:

• The form is blank or the diagram section is empty.
• The other driver is pressuring or rushing you to sign.
• The description or diagram does not match what actually happened.
• You cannot read it because of a language barrier.
• You have any complaints about your health — pain can appear hours later.

If you do sign — make sure the parte includes: date and location; licence plates (matrícula) of all vehicles; drivers' details and insurance policy numbers; description of damage; a diagram of the collision; how it happened; witness contact details.

What to photograph and preserve

Medical attention: why you cannot wait

If after the accident you feel any pain, dizziness, or something wrong in your neck, back, knee or head — seek medical attention as soon as possible. Even if it seems it will pass on its own.

Insurers regularly argue causation: if the first medical visit was 3–5 days after the accident, they claim the injury is unrelated. An early medical report (medical report (informe médico)) closes that argument.

How to notify the insurer

Under Ley 50/1980 (art. 16), you must notify the insurer within 7 days of learning about the incident, unless your policy allows more time.

• In writing — email, the insurer's web form with a confirmation receipt, or a burofax in disputed cases. A phone call fixes nothing on record.
• Keep proof of sending — screenshot, submission number, delivery receipt.
• As an injured party (perjudicado) you have the right of direct claim against the insurer (acción directa) — a direct claim against the at-fault driver's insurer, without needing to go through the at-fault driver themselves.
• Notification is not the same as a full formal claim. The full written claim (formal accident declaration (declaración de siniestro)) with documents needs to follow separately.

How to find the at-fault driver's insurer

If you have the at-fault vehicle's licence plate, you can find the insurer via FIVA — the vehicle insurance register maintained by the Consorcio de Compensación de Seguros. The query is available online on the Consorcio website.

The insurer's details should also appear in the friendly accident report (parte amistoso) or police accident report (atestado) if one was completed. If the at-fault driver is uninsured or fled — contact Consorcio directly: it pays compensation in such cases from a guarantee fund.

What your formal claim must include

• Who you are and why you are the perjudicado in this accident.
• Date, location and a brief description of how the accident happened.
• Details of the at-fault vehicle: matrícula, make, model, driver's name.
• What was damaged (vehicle, property) and what injuries were sustained.
• Attachments: friendly accident report (parte amistoso) or police accident report (atestado); medical report (medical report (informe médico)); photos of damage and the accident scene; bills and receipts; repair estimate (presupuesto de reparación).
• A request to open a case file (case file number (expediente)) and provide the reference number.
• A request to receive a reasoned offer (oferta motivada) or reasoned response (respuesta motivada) within the statutory deadline.
• Your bank details for payment.
• If the insurer conducted an inspection — a request to disclose the expert's report (expert report (informe del perito)).

Deadlines: 7 days, 40 days, 3 months

How insurers typically refuse

• "Fault not established" — no police accident report (atestado), incorrect friendly accident report (parte amistoso), disputed liability.
• "No causal link" — the insurer claims the injuries could not have resulted from this accident, or that the first medical visit was too late.
• "Damage inconsistent with the impact" — the insurer's own expert produces a convenient conclusion.
• "No medical documents" — no timely visit to a doctor, or documents were not submitted to the insurer.
• "You signed the friendly accident report (parte amistoso) against your own interests" — the diagram or description was filled in incorrectly.
• "No proof of expenses" — missing bills, receipts or invoices.
• "Our expert's assessment gives a lower figure" — the insurer offers significantly less than the legal injury scale (Baremo) calculation.

What to do if the insurer refuses

• Request a written reasoned response (respuesta motivada) — a reasoned written response specifying the grounds for refusal or the calculation basis. The insurer is legally obliged to provide one.
• Request the documents behind the refusal: the expert's report (expert report (informe del perito)), medical assessment, any inspection carried out by the insurer.
• Identify exactly what is disputed: fault, the injury itself, causal link, the amount, documents, deadlines — different grounds require different responses.
• File a written complaint with the insurer's SAC (Servicio de Atención al Cliente). This is the mandatory internal channel under Spanish law, with up to 1 month to respond. Include a chronology, what you submitted, what you received (or did not), and the harm caused. RightNOW helps prepare insurance complaints →
• For conduct violations — silence, unexplained refusal without a reasoned response (respuesta motivada), failure to meet statutory deadlines — you can file with the DGSFP (Dirección General de Seguros y Fondos de Pensiones). Important: DGSFP does not calculate compensation and does not replace a court when the dispute is about facts, causation or the amount.
• If the dispute is about the compensation amount — prepare a pre-litigation dispute-resolution step (MASC) (medio adecuado de solución de controversias), which from 2025 is mandatory before filing a civil claim (LO 1/2025, art. 5). Sequence matters: the motor regime already has its own mandatory prior claim to the insurer (RDLeg 8/2004, art. 7), and you should complete that first — the reasoned offer or response it produces is often what settles the case. Only if you still have to sue does the LO 1/2025 requirement come into play, and that requirement covers civil and commercial claims subject to the exclusions the law itself lists. If unsuccessful: small civil oral hearing (juicio verbal) (claims up to €15,000) or a general civil action.

To see what this looks like in a real case — a real RightNOW case: insurer refused after a traffic accident.

What not to do

• Do not sign a blank or factually incorrect friendly accident report (parte amistoso).
• Do not say "I am fine" if you have any pain or discomfort — in documents or to the insurer.
• Do not communicate with the insurer only by phone — put everything in writing.
• Do not hand over original documents without obtaining a copy with an acknowledgement stamp.
• Do not accept a payment "in full and final settlement" (final settlement release (finiquito)) without understanding the consequences — it closes all future claims arising from this accident.
• Do not wait months without filing a written claim — deadlines matter and silence works against you.
• Do not repair or dispose of damaged property before inspection and photographic evidence if that property is relevant to the dispute.

Documents to gather

FAQ

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For informational purposes only. Every situation is different — a proper assessment requires reviewing the specific documents and circumstances. Current as of June 2026.

Related guides

Continue with the practical steps that often come next in Spain.

• Insurer offered too little — how to check
• Appeal a traffic fine (step by step)
• Real insurance denial case
• How to send a formal notice (burofax)

Prefer to handle it yourself?

You can also use the official channels directly, often at no cost: Banco de España for bank complaints, DGSFP for insurance, OMIC or consumer services for consumer claims and Defensor del Pueblo for problems with public administration. Or go through the claim with RightNOW: we prepare the text, evidence and action path, then accompany the case through to the result.

Banco de EspañaDGSFPOMICDefensor del Pueblo