In Spain, if you have a car accident or minor collision, it can be stressful to know exactly what to do.
It will be important to stay calm and regardless of who is at fault, you can settle the matter with the other driver yourself.
Completing an Car Accident Claims Form
Within your insurance documents you should have an accident form. If you do not, you should contact your insurance broker urgently for a copy.
This claims form should be signed by both you and the other party. When filling in the accident (claims) form the insurance details of the other party(ies), it is important to state the position of the vehicles, drawing how the accident occurred (using arrows for the direction the cars where traveling) and taking the contact details of any witnesses.
What to do if you do not have a Claims form
If no claims form can be found a easy solution is to write down all information on a piece of paper and both you and the third party should sign it. There is no need to duplicate the document as one party can take the original, and the other party can take a photo of it with a mobile phone.
Actions to take if the other party does not stop after accident
Usually the other party stops and insurance details are exchanged. On occasion the vehicle you are involved with in car accident may not stop or refuse to cooperate. When this happens you must ensure you make a written note of the car registration, take photos and get any witness statements is also recommended.
In event of Personal Injuries in a Car Accident
If someone is injured, then your insurance company will need a medical report and medical attention must be found. Call 112 for an ambulance. If you have taken roadside assistance with your Spanish car insurance and your vehicle is not drivable, then you should call the number to have your vehicle towed to the nearest garage or to your home. It is worth noting that in Spain roadside assistance is included as standard within all vehicle policies.
When physical injury is involved, an examination by the Court’s doctor (Medico Forense) will be necessary. This should happen a few days after the accident has occured. On finalising the claim the Examining Magistrate will decide whether compensation is payable by the defendant and the amount of compensation payable .
Time scale to return motor accident form
You must contact your insurance company, agent or broker as soon as possible and within 7 days. Attach the police report to the insurance claim application if you have one. Copies of all forms are enough to open a claim but original forms should ideally be given to your agent or insurance broker.
If you or any of the passengers have been injured, you should also attach a copy of the medical report to claim for compensation from the insurance company. Now days the insurance company will pay and assign a medical professional, which you have to visit for the assessment of your injuries.
If no claims form was filled in you will need to describe the accident and forward these details to the insurance company.
You may wish to involve your lawyer to assist you with any claims if you are dealing directly with your insurer. However, by having an insurance broker working on your behalf, no lawyer is required.