Make sure that you get the licence number, the name and the insurance company of the other driver. Your insurance agent in Spain will normally lead you through the process.

If you or any of the passengers have been injured in a car accident, medical attention is always needed, as the medical report shall state that the injuries were caused as a consequence of the car accident.

Contact your insurance company

You will have a period of 7 days to report the accident to your insurance company in Spain. Your indemnity will depend on the type of car insurance you have contracted.

The Police accident report is an important proof to determine who is responsible for the accident. You should attach copy of this report when you claim for the damages suffered before the insurance company.

If you or any of the passengers have been injured, you should also attach copy of the medical report to claim for compensation before the insurance company.

It is strongly recommended to obtain legal advice before accepting any compensation from insurance companies.

If you have been the victim of a car accident in Spain

If you feel the other driver is at fault you may state a report before the Spanish authorities within 6 months from the accident. In this way you would be initiating a criminal procedure, and therefore the other driver could be charged with the commission of an offence.

If the judge authorities do not consider that the other driver has committed an offence, you may still bring suit and therefore initiate civil procedure within 1 year after the date of the accident.

All victims of a car accident, regardless the injuries or damages they have suffered, are entitled to an indemnity. Applications for compensation may be made to the court within whose jurisdiction the accident took place.

When physical injury is involved, an examination by the Court's doctor (Medico Forense) will be necessary. The Examining Magistrate will decide whether compensation is payable by the defendant and the amount of compensation is payable.

You may settle the dispute out of court: Your lawyer may negotiate the amount of your indemnity directly with the insurance company.

You will need skilled legal counsel for either of these actions. A Spanish Lawyer will advise you on whether or not to bring legal action, about the amount you should claim… and any other questions related to your particular case.

Cases that involve serious injuries always require legal help.