If you were injured in a road accident in Spain, what you receive is set by a statutory scale, not by negotiation from scratch. Knowing the scale, and the three deadlines that govern the claim, is most of what protects you.
This page explains how compensation is calculated, what the insurer is obliged to do, and where claims by foreign residents usually go wrong.
How compensation is calculated in Spain
Since 2016, injuries from traffic accidents are compensated under the scale in Ley 35/2015, which amended the Motor Vehicle Liability and Insurance Act. The scale is not a guideline: it is binding, and it fixes amounts by injury, by day of recovery and by permanent sequela.
The figures are uprated every year. For 2026 they rose by 2.9 %, under the Resolution of 3 February 2026 of the Directorate-General for Insurance and Pension Funds.
Compensation is built from three separate heads:
| Head of claim | What it covers |
|---|---|
| Temporary injury | Each day from the accident until your injuries stabilise, at a higher rate for days in hospital or unable to carry out your normal activities |
| Permanent sequelae | Injuries that do not fully resolve, scored in points and converted to an amount by age and severity |
| Consequential loss | Loss of earnings, medical and rehabilitation costs, adapted housing or vehicle, care needs |
You can get an order-of-magnitude figure from our accident compensation calculator. It is in Spanish, but the inputs are numeric and the result is a euro figure.
The three deadlines that decide the claim
One year to claim
The claim expires one year after the accident, under article 1968.2 of the Civil Code. This is a limitation period, not a target: once it passes, the claim is gone regardless of how strong it was.
The year restarts when the insurer notifies you of a formal offer or a reasoned refusal, and it is interrupted by a written claim. Living abroad does not extend it.
Three months for the insurer to make a formal offer
Once you notify the insurer, it has three months to make an oferta motivada, a formal offer setting out what it will pay and why, or a reasoned refusal. This is required by article 7 of the Motor Vehicle Liability and Insurance Act. If the insurer misses the deadline without cause, default interest runs.
Stabilisation before you settle
There is no fixed deadline here, but it matters more than the other two. Your claim cannot be properly valued until your injuries have stabilised, because permanent sequelae are the largest head of claim. Insurers often make an offer before that point. Accepting it usually closes the claim for good.
Where claims by foreign residents go wrong
Accepting the first offer. The first offer typically covers days of recovery and little or nothing for permanent sequelae, because it is made before stabilisation. It is a settlement, not an instalment.
Being assessed by the insurer’s doctor. The medical report decides the number. If it is written by a doctor paid by the company that has to pay you, that is a structural problem, not a question of anyone’s good faith.
This is why we have our own medical assessment and rehabilitation in-house. The report supporting your claim does not come from the other side.
Going home and leaving it. Treatment abroad is claimable, but it has to be documented in a form the Spanish insurer and, if needed, a Spanish court will accept. That is far easier to arrange while it is happening than two years later.
Not reporting the accident properly. A parte amistoso (European accident statement) signed at the scene, or a Guardia Civil or local police report, is the backbone of the file. Photographs and witness details are worth taking even when the other driver admits fault.
What we do
- Notify the insurer and stop the clock on the limitation period
- Assess your injuries through our own medical team, independently of the insurer
- Value the claim against the 2026 scale, head by head
- Negotiate, and litigate if the offer does not match the scale
- Claim default interest where the insurer missed its three-month deadline
In these claims we work without a provision of funds: no payment on account for the lawyer, the medical expert or the court agent. If you do not recover, neither do we.
Frequently asked questions
I was a passenger. Can I claim?
Yes, and passengers are in the strongest position, because a passenger is almost never at fault. You can claim against the driver of the vehicle you were in, including a friend or family member, since the claim is met by their compulsory insurance rather than by them personally.
The other driver was uninsured or fled. Is there anything to claim against?
Yes. The Consorcio de Compensación de Seguros, a public body, meets claims where the vehicle was uninsured, unidentified or stolen. The procedure differs and the deadlines are strict, so it is worth getting advice early.
I live in the UK and the accident was in Spain. Where do I claim?
Spanish law applies to an accident on Spanish roads, and the claim is normally made against the Spanish insurer. You do not have to be in Spain to do it: we can act under a power of attorney and correspond with you in English.
How long does a claim take?
A straightforward claim settled without court usually takes between six and eighteen months, most of which is waiting for injuries to stabilise. If it goes to court, add roughly a year to eighteen months depending on the court’s list.
Does a criminal case have to finish first?
Not always. Most road accidents are no longer prosecuted as offences unless there is serious recklessness, drink or drugs, or a death. Where there is a criminal case, the civil claim is often dealt with inside it, which can be faster.
Talk to us
Tell us what happened and when, and we will tell you what deadline you are working to and what the claim is worth. Contact us here, or call 654 581 493.