You’ve had a car accident. Nobody wants it, but it happens. In that moment—amidst the shock, the crash, and the traffic jam—comes the big question:
How do I claim my insurance? What if the other driver denies fault? What if someone’s injured?
At Legal Allies, we help people every week—many of them foreigners—who’ve been in a traffic accident in Spain and don’t know what steps to take or what rights they have. If that’s your case, take a deep breath. We’ll guide you step by step so you don’t miss out on your compensation.
Steps to Claim Compensation from the Insurance After a Traffic Accident
Step 1: Fill Out the Friendly Accident Report (if possible)
If there are no injuries and both drivers agree on who was at fault, it’s best to fill out the friendly accident report.
This document:
- Clarifies the facts.
- Identifies both vehicles and drivers.
- Allows insurers to resolve the claim within a few days.
Legal Allies Tip: Take your time to complete it properly. Take photos of the scene, the cars, and any visible damage. And never sign if you disagree with the content.
Step 2: Call Your Insurance Company
You have 7 working days from the accident to notify your insurer. If you don’t, you may lose your right to compensation.
Call or email your insurer and submit:
- The friendly report (if available).
- Photos of the accident.
- The other driver’s details (name, license plate, insurer).
- Any witnesses’ statements.
If the police were involved, request a copy of the official report.
Step 3: See a Doctor, Even If You Feel Fine
Sometimes symptoms show up hours or even days later. To claim for injuries, you must have received medical care within the first 72 hours after the accident.
Request the emergency report or medical certificate and keep all documents and receipts.
Step 4: Damage Assessment (Vehicle and Personal)
Your insurer will send an expert to assess the vehicle. If you disagree with the assessment:
- You can request a second, independent opinion.
- You have the right to hire your own expert.
In case of injuries:
- A forensic doctor or medical evaluator must assess you.
- You are entitled to compensation for recovery days, lasting injuries, medical expenses, and economic losses.
At Legal Allies, we help you maximize your compensation and prevent the insurer from downplaying your injuries.
Step 5: Claim Against the Other Driver’s Insurance
Your insurer can negotiate on your behalf, but if there’s disagreement, you can make a direct claim to the other party’s insurance.
This claim must include:
- Accident details.
- Evidence of the other driver’s fault.
- Medical or expert documentation.
- A specific compensation proposal.
The insurance company has 3 months to respond. If they fail to do so or unjustifiably reject your proposal, they may face administrative penalties.
Step 6: No Agreement? Time to Go to Court!
If the other insurer refuses to pay or makes a very low offer, you can file:
- A civil lawsuit for property damage or minor injuries.
- A criminal complaint if there’s reckless driving, alcohol use, or serious injuries.
For claims under €2,000, a lawyer or court representative is not required—but it’s advisable if there are injuries, long-term effects, or a dispute over liability.
What Can You Claim from Insurance After a Traffic Accident?
- Vehicle repair or market value.
- Damage to personal items (phone, glasses, clothes…).
- Uncovered medical expenses.
- Days off work due to injury.
- Lost income.
- Physical or psychological aftereffects.
- Moral damages.
Can I Claim Insurance If I’m a Foreigner Driving with a Foreign License?
If you legally reside in Spain:
- You can drive for up to 6 months with your foreign license (if it’s not from the EU).
- If the accident wasn’t your fault, you have the same rights to claim compensation.
But you must have your documentation in order and report the incident correctly. At Legal Allies, we especially help foreign residents with these claims—even if they’re currently outside Spain.
Real-Life Cases
Paul, a British citizen, was rear-ended in Valencia. He suffered whiplash. His insurer offered €800 for injuries. Legal Allies negotiated using an additional medical report and secured €4,200 in compensation.
Lina, a Venezuelan national, had an accident with an uninsured driver. Thanks to the Insurance Compensation Consortium, we were able to claim both vehicle repairs and medical treatment.
Claiming insurance after a traffic accident isn’t just paperwork—it’s about defending your rights and your health. Many insurers try to pay the minimum… or nothing at all. But you have legal tools to demand what you deserve.
At Legal Allies, we support you every step of the way: from the report to your compensation. We handle the claim, review offers, file lawsuits, and fight to maximize your payout.
Because your road safety… deserves legal protection too.
