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Civil

Road traffic accidents

If you have suffered injury or damage in a road traffic accident as a driver, passenger, pedestrian or cyclist, we help you claim compensation from the at-fault party's insurer, the Insurance Compensation Consortium (Consorcio de Compensación de Seguros) or the relevant body. We check the insurer's offer against the statutory compensation scale and, if it falls short, negotiate or claim in court.

By Aida Elias Soguero, ICAB member no. 44021 · Updated on 14 October 2026

In brief

Who it is for
Victims of road traffic accidents and relatives of people who have died.
Time limit to claim
It depends on the case; a prior claim to the insurer interrupts the limitation period (art. 7.1 of the consolidated text approved by Royal Legislative Decree 8/2004). Consult us as soon as possible.
Insurer's response
A reasoned offer or reasoned reply within three months of receiving the claim.
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

Key points of the claim

  • Before suing you must claim against the insurer, providing your details, how the accident happened and any medical or expert information you have; the claim need not be quantified.
  • The insurer has three months to make a reasoned offer or, if it rejects the claim or cannot yet quantify the loss, to give a reasoned reply.
  • If it fails to make the offer in time without good reason, or does not pay an accepted offer within five days, it owes late-payment interest.
  • Personal injury is valued using the statutory compensation scale (baremo), whose amounts are generally updated every 1 January in line with the previous year's consumer price index.
  • If you disagree with the offer, you can request a report from the Institute of Legal Medicine and Forensic Sciences, at the insurer's expense.
  • If the vehicle at fault is uninsured or stolen, the Insurance Compensation Consortium pays; if it is unidentified, it covers personal injury and, in certain cases, damage to property.
  • If you do not know the other vehicle's insurer, the Consortium can identify it from the registration number through its insured vehicles database (Fichero Informativo de Vehículos Asegurados, FIVA).
  • In another European Economic Area country: if you live in Spain, you can claim against the foreign insurer's claims representative in Spain and, if there is no reply within three months, against OFESAUTO.

How we help you

  1. We study your case

    We review the police report or accident report form, the medical reports and your expenses, identify the liable insurer and keep track of the time limits.

  2. Prior claim

    We submit the claim to the insurer, the Consortium or OFESAUTO, as appropriate, with the documents needed to assess your injuries and losses.

  3. Review of the offer

    We check the reasoned offer or reply against the current compensation scale, request additional expert reports where needed and negotiate the compensation.

  4. Court claim if there is no agreement

    If the offer is inadequate or does not arrive in time, we use an appropriate dispute resolution method or sue, submitting the claim and the reply received.

Frequently asked questions

How long do I have to claim?

A prior claim to the insurer interrupts the limitation period and, once you are notified of the reasoned offer or reply, a new period begins. Which period applies and when it starts running depends on the case, so it is best to consult us as soon as possible.

Do I have to accept the insurer's first offer?

No. The offer must set out the reports it relies on, including the final medical report, and payment cannot be made conditional on you giving up further claims. If you disagree, you can request additional reports, use an appropriate dispute resolution method or sue.

What if the person at fault had no insurance or fled the scene?

Up to the compulsory insurance limits, if the vehicle was uninsured or stolen, the Insurance Compensation Consortium pays for personal injury and damage to property. If the vehicle is not identified, it covers personal injury and, only where that injury is significant, property damage too. It cannot require you to prove that the person at fault is unable to pay.

Legislation

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