1.What to do in the event of a car acident in Spain
1.1 General Information
Unfortunately, at some time in our lives, most of us will experience an automobile accident. That could happen even during our holidays.
When you are involved an automobile accident, even if you are not injured, there are certain things that you should and should not do.
If you have been involved in a minor collision in Spain, whether it was your fault or not, you and the other driver can settle the matter between yourselves. If you may not reach an agreement, or any person is being injured, you should call the police, who must issue a report about the accident.
If the responsible for the accident or the other driver involved in the car accident refuse to collaborate, you should take note of any details that may serve to identify him, the plate number, any persons witnessing the accident, etc.;
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 should state that the injuries were caused as a consequence of the car accident. This report will be the proof for the insurance company or the Spanish courts to recognize your right to a compensation.
1.2 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 hired.
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.
2. If you have been he victim of a car acciden in Spain
If you feel the other driver is at fault you may file 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.
3. Getting legal help
Our lawyers provide solid legal advice regarding any car accident case in Spain:
Ask an English-speaking Spanish lawyer now.