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.

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.

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.
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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.

The recent train accidents in Adamuz (Córdoba) and Gélida (Barcelona) have shocked the country and brought a critical issue back to the fore: the lack of protection and the bewilderment felt by victims following a disaster of this magnitude. 

Once the physical and emotional impact begins to settle, those affected and their families face a legal labyrinth against giants such as Renfe, Adif, or the new private operators.

As experts in tort law, and based on current regulations and the most recent precedents, we have prepared this detailed guide to ensure that no right goes unclaimed. In 2026, the law is clear: the redress must be comprehensive.

Royal Decree-law 1/2026, of 27 January, on aid for victims of the train accidents in Adamuz (Córdoba) and Gélida (Barcelona)

"The purpose of this royal decree-law is to adopt urgent response measures for the care of victims in view of the damage suffered in the train accident in Adamuz (Córdoba) on 18 January 2026, and the train accident in Gélida (Barcelona) on 20 January 2026.

The aid established in this royal decree-law will supplement the compensation to which affected persons are entitled in accordance with EU and national regulations regarding the rights of rail passengers and assistance to victims of train accidents and their families.

Victims may also receive a financial advance on future civil liability compensation.

The aid established in this royal decree-law shall be granted without prejudice to any other compensation due to all passengers of the crashed trains, whether in terms of assistance (food, accommodation, and transport, among others), loss or damage to hand luggage, animals, and luggage, or in the event of death and injury, which shall be governed by the provisions of the applicable sector-specific regulations."

The right to immediate assistance: Beyond compensation

Following the accident in Adamuz, Regulation (EU) 2021/782 of the European Parliament automatically comes into play. This regulation, reinforced to 2026 standards, establishes that operators cannot merely wait for a claim; they have proactive obligations:

• Information and care: Passengers are entitled to timely information regarding their situation, as well as food, drink and, if necessary, accommodation and alternative transport.
• Advance payments: In the event of death, operators must pay a minimum advance of €21,000 per passenger within a period not exceeding 15 days after the identification of the victim, to cover urgent financial needs. For the injured, proportional advances can also be arranged based on the severity of the injuries.
• Psychological care: Current regulations mandate the provision of not only medical but also immediate and ongoing psychological assistance, which is vital in accidents involving a high level of post-traumatic stress.

The dual compensation route: SOV and Civil Liability

It is fundamental to understand that in Spain, a passenger involved in an accident is entitled to two forms of compensation that are cumulative. One does not have to choose one or the other; both should be claimed.

A. Compulsory Travel Insurance (SOV)

Every train ticket implicitly includes this insurance. It is "strict" (objective) compensation, meaning it is always paid whenever there are injuries, without the need to prove the operator was at fault.

• The SOV Scale: This insurance is divided into 14 categories of severity. The compensation varies depending on the category in which the medical expert classifies the injury or permanent impairment.
• Deadline: It is recommended to notify the SOV insurer of the accident as soon as possible, although the right to claim persists until the statute of limitations expires.

B. Civil Liability (RC)

This route is what allows for full restitution of damages. Unlike the SOV, there are no pre-set limits here. A claim is made when the accident is due to negligence, technical failure, or human error.

• Calculation of damages: The Traffic Accident Scale, updated to 2026, is used. This scale assesses days of medical leave, physical sequelae, aesthetic damage and, significantly this year, non-pecuniary loss for loss of quality of life.

What concepts can be claimed following the Adamuz accident?

Current case law in 2026 has evolved to cover aspects that were previously overlooked. Those affected can claim for:

1. Personal Injury: Compensation for each day of recovery (hospitalisation, medical leave, or treatment) and for permanent sequelae.
2. Loss of Earnings: If the accident prevents the affected person from working or results in a decrease in future income, the operator must compensate for that economic loss mathematically according to current income tables.
3. Material Damages: Replacement or repair of all damaged objects: computers, phones, suitcases, clothing, or even glasses and prosthetics.
4. Moral Damages (Non-pecuniary loss): Particularly in train accidents, the psychological damage is profound. Fear of travelling again, insomnia, or anxiety are compensable if they are expert-certified.
5. Future Medical Expenses: If the affected person requires lifelong rehabilitation, prosthetics, or home care, these costs must be covered via a lump sum or a life annuity.

Guide to critical steps for victims

To ensure that a claim is not rejected due to a "lack of causal link", it is vital to follow these legal tips:

• Keep your ticket: This is your contract and proof of your right to SOV. If you bought it online, save the PDF or the confirmation email.
• Medical reports within the first 72 hours: This is the "golden window". Any pain or symptom must be recorded in an official emergency medical report so that the insurer cannot claim the injury occurred outside of the train.
• Document everything: Take photographs of broken items and keep taxi receipts to the hospital or pharmacy receipts. In 2026, digitalisation allows every voucher to be key.
• The Police Report (Atestado): Request a copy of the report prepared by the authorities (Guardia Civil or Judicial Police). This document will determine if there was excessive speed, Adif signalling failures, or driving errors.

Legal deadlines: The clock is ticking against you

In Spanish law, delay is the victim's greatest enemy.

• 1-year deadline: For civil liability claims, the general time limit is one year from the moment injuries stabilise (when you receive your final medical discharge).
• Interrupting the statute of limitations: It is vital to send a formal out-of-court claim (via burofax) before the year is up to "freeze" the clock and prevent your right to claim from expiring.

Rights for delay and cancellation on the Adamuz journey

Regardless of physical injuries, all passengers on the train affected in Córdoba have immediate rights due to the service interruption:

• Delays exceeding 60 minutes: A 50% refund of the ticket price.
• Delays exceeding 90 minutes: A 100% refund of the ticket price.
• Right to alternative transport: The operator is obliged to take passengers to their final destination or point of origin as soon as possible and at no additional cost.

The importance of an independent solicitor

Railway operators usually have insurance companies that try to reach quick, global settlements. Never sign a discharge form or accept compensation without having an external solicitor review it.

A solicitor specialising in train accidents will hire independent medical experts and accident reconstruction specialists who will assess your case objectively. Remember that many home or personal insurance policies include "legal protection", meaning your solicitor's fees could be covered in full or in part.

Conclusion

The Adamuz accident is a tragic reminder of a traveller's vulnerability. However, 2026 law offers powerful tools to ensure that those affected do not bear the economic cost of a tragedy they did not seek. Comprehensive redress is your right; information and expert advice are your best defence.

If you have suffered a traffic accident in Málaga, it is essential for you to know that you have the right to choose the centre where you carry out your rehabilitation, regardless of what your insurance company suggests (as long as the centre adheres to the UNESPA Healthcare Assistance Agreement).

Here are the key points for managing your recovery in the province:

1. The process for starting rehabilitation

In order for the treatment to be free for you and covered by insurance, you must follow these steps:

• A&E first: You must go to an Accident & Emergency department (Hospital Regional, Clínico, or private centres such as Quirón, CHIP, El Ángel, Gálvez, etc.) within the first 72 hours. Without this report, the insurance company will not cover the rehabilitation.
• Medical prescription: A doctor must indicate that you require physiotherapy or rehabilitation.
• Choice of clinic: You must go to a private clinic specialising in traffic accidents. They usually manage the authorisation with your insurance company themselves so that you do not have to pay anything.

2. Rights you should know about

Many users in Málaga are unaware that the UNESPA agreement protects them:

• No direct cost: The clinic invoices the insurer directly. You should not have to pay any money upfront.
• Diagnostic tests: You have the right to undergo complementary tests (MRIs, Electromyograms, etc.) within the same process.
• Freedom to change: If you are not satisfied with the care at the centre assigned by your insurance, you can request a transfer to another centre of your choice that has an agreement in place.

3. Advice on "Whiplash"

This is the most common injury in Málaga due to rear-end collisions on the ring roads (MA-20 and A-7). Do not let time pass; if you feel neck stiffness, dizziness, or pain in your arms, start rehabilitation as soon as possible to prevent the injury from becoming chronic.

Tip: Keep all your pharmacy receipts and travel expenses (taxis or hospital parking), as these are also reclaimable as part of your personal injury compensation.

Determining fault in a traffic accident is not a matter of opinion; it is about applying THE HIGHWAY CODE.

Here are the practical criteria used to decide who is responsible:

1. The Liability Table

If your accident fits into one of these categories, fault is clear:

• Rear-end collision: The driver who hits from behind is always at fault for failing to maintain a safe following distance, even if the vehicle in front brakes suddenly.
• Reversing: A vehicle moving in reverse is at fault in 100% of cases.
• Leaving a parking space / Garage: A vehicle entering the flow of traffic must yield right of way; if a collision occurs, they are responsible.
• Lane invasion: If a car hits another while changing lanes, the one performing the manoeuvre is at fault.
• Priority signs (Stop or Give Way): The driver who ignores the sign is responsible, without question.

2. The Roundabout Scenario (The Malaga "Classic")

In complex roundabouts like Fuente de los Colorines or those in Teatinos, the rules are strict:

• Fault of the driver in the inner lane: If a driver attempts to exit the roundabout directly from the inner lane and cuts across the path of a driver in the outer lane, the driver in the inner lane is at fault.
• Priority: Vehicles already inside the roundabout always have priority over those attempting to enter.

3. Technical Evidence

When a situation is ambiguous, objective evidence is used:

• The Police Report: Officers from the Local Police or Civil Guard act as objective experts. Their accident reconstruction is the evidence with the greatest legal weight.
• Skid marks: These help calculate speed. Excessive speed can turn a "victim" into a "partially at fault" party (contributory negligence).
• Impact points: A collision on the rear side indicates that the car had already almost completely passed, suggesting that the other driver had time to react.
• Traffic Cameras: In Málaga, the Traffic Management Centre has cameras at strategic points that can be requested through legal proceedings.

4. Contributory Negligence (Shared Fault)

Sometimes, liability is not 100% attributed to a single party.

Example: A car runs a Stop sign (primary fault), but the other car was travelling at double the speed limit on Avenida de Velázquez. In these cases, a judge may determine that there is shared fault (for example, 70% - 30%), and compensation is reduced proportionally.

5. What happens if the traffic light was amber?

This is a constant source of dispute.

• Solid amber: This is equivalent to a red light; you must stop. If you cross and collide, you are at fault.
• Flashing amber: This indicates caution but requires you to give way to pedestrians or vehicles coming from priority roads. If a collision occurs, the person facing the flashing amber is usually held responsible for failing to exercise extreme caution.

The deadlines for claiming compensation in 2026 are strictly defined by law and the Traffic Scale (Baremo de Tráfico). It is vital that you respect them, as failing to meet the shortest ones (such as the emergency department deadline) can invalidate your right to receive payment, even if you are in the right.

Here is the legal calendar you must follow:

1. Immediate Deadlines (The most critical)

• 72 hours for A&E (Accident & Emergency): This is the most important deadline for injuries. If you do not go to a hospital or health centre within the first 72 hours after the accident, the insurer will argue a "break in the causal link" and will not pay for your injuries.
• 7 days for the Insurance Company: You have one week to report the incident to your own company (file the claim). Failure to do so does not take away your right to compensation, but compliance is important to avoid future problems.

2. Deadlines for the Claim (Compensation)

The time available to claim the money varies depending on the route you choose:

• Civil Route (The most common and recommended): 1 year. *This year begins to count from the moment of "recovery or stabilisation of sequelae" in the case of injuries. For material damage claims, the period starts from the date of the incident.
  • Important: This deadline can be "reset". If you send an official claim via burofax or certified mail before the year ends, the clock returns to zero and you have another year ahead of you.
• Criminal Route: 6 months. *This is only used if the accident involves a crime (positive for alcohol/drugs, gross negligence, or leaving the scene). You have 6 months to file the complaint from the date of the accident.

3. Insurer’s Response Deadlines

Once you have submitted the official claim along with all your medical reports:

• 3 months: This is the maximum time the opposing company has to present you with a Reasoned Offer (how much they are offering you) or a Reasoned Response (why they are not paying you).

Summary of Deadlines in 2026

How is your compensation calculated in 2026?

This year, the amounts in the Traffic Scale (Baremo de Tráfico) have been updated (by approximately 2.7% compared to the previous year). For example:

• Basic personal injury day: ~€39.13
• Moderate personal injury day (sick leave): ~€67.82
• Severe personal injury day (hospitalisation): ~€97.83

Choosing a medical centre after an accident in Málaga is a critical decision, as both your physical recovery and the effectiveness of your future claim depend on it. Not all hospitals or clinics operate in the same way when dealing with a road traffic incident.

Here are the keys to choosing wisely:

1. The Social Security myth

Many people believe they must mandatorily go to the Hospital Clínico or the Regional. The reality is that you can choose any centre that has a UNESPA agreement, which is the Private Healthcare Assistance Agreement.

2. How does the UNESPA Agreement work?

This agreement is a contract between insurance companies and medical centres. Thanks to this:

• Assistance is free of charge for you: The centre bills your insurance company directly (or the insurance of the vehicle at fault).
• You have freedom of choice: You can go to any private clinic within the Agreement even if your insurance provider pressures you to go to their own "authorised" clinic.

3. Key factors for your choice

To ensure you make the right decision, make sure that the centre you choose meets these requirements:

1. Dedicated Traffic Unit: They have administrative staff who handle requesting authorisations from your insurance company on your behalf.
2. On-site diagnostic tests: Avoid small clinics that lack diagnostic testing services or do not have partnerships with centres where these can be performed.
3. Proximity for rehabilitation: You will need to attend physiotherapy 3 or 4 times a week. Choose a centre that is close to your home or workplace.
4. Recommendation from your private solicitor: They are well aware of which clinics provide more or less effective treatment for your recovery and, consequently, the positive progress of your case.

4. The golden rule: The A&E (Accident & Emergency) Report

Regardless of where you decide to undergo rehabilitation later, you must have an A&E report from the first 72 hours. Without this document, any private clinic will face difficulties in getting the insurance company to authorise your free treatment.

Important: If the centre you choose asks for money upfront, be suspicious; they are not part of the Unespa Agreement.