Traffic accident lawyers in Málaga

After a car accident in Spain, most drivers make the same mistake: they leave their case exclusively in the hands of the lawyer assigned by their insurance company. It seems like the most convenient and logical step, right? After all, you’re already paying for it in your premium.

However, what many people don't know is that by law, you have the absolute right to choose a private lawyer you trust, and in the vast majority of cases, your insurance company must cover the legal fees (either partially or in full).

The Conflict of Interest: Who is the Real Client?

The main issue with "in-house" insurance lawyers is dependency. Major insurers in Spain operate under collaboration agreements (such as the CIDE or ASCIDE conventions) to streamline payments between companies.

If your lawyer works for Company "A," and Company "B" (the one at fault) has a commercial agreement with yours, there is a perverse incentive to settle the case quickly and for a minimum amount. An insurance-appointed lawyer will rarely fight for that last 10% or 20% of compensation if it means going to court against a company with which their employer has ongoing business deals.

Your Greatest Ally: Article 76 of the Insurance Contract Law

In Spain, the right to choose your own lawyer is not a suggestion; it is the law. Article 76 of Law 50/1980 (Ley de Contrato de Seguro) states that the insured person has the right to freely choose the professional who will defend and represent them in any proceeding.

Key Note: This right exists to guarantee that your defense is independent and that no one imposes a lawyer on you whose interests might clash with your own.

How "Legal Defense" Coverage Works

Almost all car insurance policies in Spain include Legal Defense (Defensa Jurídica) coverage. This is where the financial "magic" happens:
 

• The Policy Limit: Your insurance usually covers between €600 and €3,000 (or even unlimited amounts in premium policies) to pay for an external lawyer.
• The Reimbursement: You hire a private lawyer; they manage your claim for compensation, and at the end of the process, you submit the invoice to your insurance company for reimbursement up to the limit of your contract.
• Total Independence: The private lawyer is paid by you (via the policy reimbursement), so their only objective is to ensure you receive the maximum possible compensation for your injuries and property damage.

Key Differences: Insurance Lawyer vs. Private Specialist

Steps to Exercise Your Rights in Spain

If you have been in an accident, don't let the company decide for you. Follow these steps:

• Don’t sign anything immediately: The insurer will try to get you to accept their lawyer during the very first call. Tell them you are considering your options.
• Find a Specialist in Civil Liability: Contact a firm that specializes exclusively in traffic accidents. They will review your policy for free to see how much of their fee is covered by your Legal Defense clause.
• Notify the Designation: Your new lawyer will draft a letter to your insurance company informing them that you have decided to exercise your right to "Free Choice of Counsel." From that moment on, the insurer must step aside and allow your chosen lawyer to handle the claim.

Hiring a private lawyer is not "going against your insurance"

Under the Spanish legal system, the "Baremo de Tráfico" (the scale used to calculate damages) is complex. Factors such as "moderate loss of quality of life" days, aesthetic sequelae, or lucro cesante (loss of earnings) are often overlooked by insurance lawyers to avoid long-term litigation.

Hiring a private lawyer is not "going against your insurance"; it is simply using a coverage you are already paying for every year. Don't let the payer be the one who decides how much your injuries are worth.

The atestado is the official document that records what happened; it is the primary piece of evidence for insurance claims or legal proceedings. In Málaga, the process varies depending on which force attended the scene (Local Police or Guardia Civil).

Here is your roadmap to obtaining it:

1. If it occurred within the city limits (Málaga Local Police)

If the accident took place on city streets, the process is handled through the Town Hall (Ayuntamiento).

• Online (Recommended):
  • Access the Málaga Town Hall Electronic Office (Sede Electrónica).
  • Search for the procedure: "Solicitud de Información de Siniestro Vial" (Request for Road Traffic Accident Information).
  • You will need a digital certificate or Cl@ve (electronic ID).
  • Cost: Recently, fees are no longer applied to Traffic Reports from the Local Police.
• In Person:
  • You must go to the GIAA (Grupo de Investigación de Accidentes y Atestados).
  • Address: Calle Actriz Rosario Pino, 18 (Distrito Centro).
  • Advice: Call 092 beforehand to confirm if the report is finished, as it usually takes approximately 20 days following the accident.
  •  

2. If it was on a dual carriageway or motorway (Guardia Civil)

If the accident occurred on the A-7, MA-20, A-45 or secondary roads, the police report (atestado) falls under the jurisdiction of the Traffic Division of the Guardia Civil.

• Online:
  • Via the Guardia Civil Electronic Office, in the "Traffic" (Tráfico) section.
  • Cost: It is free of charge.
• In Person:
  • You must go to the Málaga Traffic Detachment (Andalusia Sector).
  • Location: Málaga Guardia Civil Headquarters (Av. de Arroyo de los Ángeles).

3. What details do you need to request it?

Regardless of the police force involved, you will be asked for:

1. Exact date and time of the accident.
2. Location (street and number, or the kilometre point of the road).
3. Number plates (registration numbers) of the vehicles involved.
4. Case reference number (if the officers gave you a card or reference at the time of the accident).

4. Special Cases

• If there is a court case: If the accident was serious and legal proceedings are underway, the report is sent directly to the Duty Court of Málaga (Juzgado de Guardia). In this instance, it must be requested through the specific court to which the criminal proceedings have been assigned.
• Proof of involvement: If you only need a quick document for work or insurance to confirm you were present (without the technical details of the full report), you can request a "Justificante para Implicado" (Proof of Involvement) on the Town Hall website. These are usually issued immediately, provided the Málaga Local Police were the competent authority at the scene.

It is incredibly valuable that you are focusing on this. Often, following an accident at notorious hotspots like the Málaga dual carriageway, attention is centered on physical injuries; however, the psychological impact can be just as debilitating or even longer-lasting.

In 2026, the Traffic Scale (Baremo de Tráfico) recognises and quantifies psychological sequelae (long-term effects), but they require a specific approach so they do not remain "invisible" to insurance companies.

1. Most common disorders

You are not a "weak person" for feeling unwell; these are biological responses to trauma:

• Amaxophobia: An irrational fear of driving again or even being a passenger. It is very common after accidents on the A-7.
• Post-Traumatic Stress Disorder (PTSD): Reliving the accident (flashbacks), nightmares, hypervigilance, or irritability.
• Adjustment Disorder: Anxiety or depression stemming from the physical limitations caused by the accident (being unable to work, unable to play with your children, etc.).

2. How is mental health compensated?

The Traffic Scale includes a compensation item that covers this type of suffering and/or sequelae, consisting of NON-PECUNIARY DAMAGES FOR LOSS OF QUALITY OF LIFE.

3. Vital steps for your recovery and claim

If you feel that your mental health has been affected, follow this protocol in Málaga:

1. See your GP (General Practitioner): Ask for it to be recorded in your medical history that you are suffering from anxiety, insomnia, or fear following the accident. This is the first "link" in the chain of evidence.
2. Referral to a Specialist: It is fundamental that you are seen by a Clinical Psychologist or a Psychiatrist. The notes of a general psychologist are sometimes questioned by insurance companies; a psychiatrist's (medical doctor) reports carry almost indisputable legal weight.
3. Traffic Unit: If you are undergoing physical rehabilitation at a clinic in Málaga, ask if they have integrated psychological support. Many centres under the UNESPA agreement now include psychologists to treat amaxophobia.

4. Support centres in Málaga

If you need immediate help beyond the legal aspects:

• Andalucian Health Service (SAS): Go to your local health centre to be referred to the District Mental Health Unit (USM).
• Official College of Psychology of Eastern Andalucia (Málaga): They maintain a list of professionals specialising in trauma and accidents.
• Victims' Associations: Entities such as Stop Accidentes or AESLEME have offices or collaborators in Málaga offering peer emotional support (people who have gone through the same experience).

Personal advice: Do not ignore the symptoms. If you avoid passing the spot where the accident occurred or you jump at every sudden braking, seek professional help as soon as possible. Early mental health intervention is key to preventing fear from becoming chronic.