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.

<p>Being involved in a <b>car accident with an uninsured driver</b> can leave me facing unexpected financial, medical, and legal difficulties. If the person responsible has no valid insurance policy, I may wonder whether I can still receive compensation for my injuries and losses.</p>

<p>Fortunately, Spanish law provides mechanisms designed to protect road accident victims, even when the responsible vehicle is uninsured.</p>

<p>One of the most important is the <b>Consorcio de Compensación de Seguros</b>, Spain's Insurance Compensation Consortium.</p>

<p>In this guide, I explain who may be responsible for paying compensation, what damages I can claim, and how I can protect my rights after an accident involving an uninsured vehicle.</p>

<h2>Who Is Responsible for a Car Accident With an Uninsured Driver?</h2>

<p>In Spain, motor vehicles subject to compulsory insurance requirements must have valid third-party liability insurance.</p>

<p>If a driver causes an accident without insurance, the absence of a policy does not automatically remove their legal responsibility.</p>

<h3>Can I Claim Compensation From an Uninsured Driver?</h3>

<p>Yes. If I am injured in an accident caused by an uninsured motorist, I may have the right to claim compensation.</p>

<p>Two important principles apply:</p>

<ul>
<li><b>Personal liability:</b> The responsible driver, and potentially the vehicle owner, may be legally liable for the damage caused.</li>
<li><b>Victim protection:</b> The Spanish Insurance Compensation Consortium may pay compensation in cases covered by the applicable legislation.</li>
</ul>

<p>The uninsured driver may also face administrative penalties for failing to comply with compulsory insurance requirements.</p>

<p>Therefore, discovering that the responsible vehicle is uninsured does not necessarily mean losing my right to compensation.</p>

<h2>How Does the Spanish Insurance Compensation Consortium Work?</h2>

<p>The Consorcio de Compensación de Seguros (CCS) is a Spanish public business entity responsible for several insurance-related functions.</p>

<p>One of its responsibilities is compensating eligible victims of road accidents involving uninsured vehicles.</p>

<h3>What Types of Compensation Can I Receive?</h3>

<p>Depending on the circumstances and applicable legal requirements, I may claim several categories of damages.</p>

<p><b>Personal injuries</b></p>
<p>Compensation may cover temporary injuries, permanent impairments, medical treatment, rehabilitation, and other legally recognised consequences of the accident.</p>

<p><b>Vehicle and property damage</b></p>
<p>I may also claim for repairs or other eligible property losses resulting from the collision.</p>

<p><b>Financial losses</b></p>
<p>If my injuries prevent me from working or generate additional expenses, certain documented financial losses may also be recoverable.</p>

<p>The final amount depends on the circumstances of the accident, the evidence available, and Spain's statutory road accident compensation system.</p>

<h3>Does the Consortium Always Pay?</h3>

<p>Not automatically.</p>

<p>I must establish that the accident falls within the circumstances covered by the Consortium and provide evidence supporting my claim.</p>

<p>Different rules may apply to accidents involving unidentified vehicles, stolen vehicles, or insurers undergoing insolvency proceedings.</p>

<p>The Consortium may also seek reimbursement from the responsible parties after paying compensation in cases involving uninsured vehicles.</p>

<h2>Documents Needed to Claim Compensation</h2>

<p>Preparing a complete claim is essential.</p>

<p>If I suffer an accident involving an uninsured driver, I should collect the following evidence:</p>

<ol>
<li><b>Police accident report:</b> To establish the circumstances of the collision and identify the parties involved.</li>
<li><b>Driver and vehicle information:</b> Including registration number, vehicle details, and available identification.</li>
<li><b>Medical documentation:</b> Emergency records, diagnoses, rehabilitation reports, and medical assessments.</li>
<li><b>Invoices and receipts:</b> Evidence of treatment costs, vehicle repairs, travel expenses, and other losses.</li>
<li><b>Photographs and witness statements:</b> To support my explanation of how the accident occurred.</li>
</ol>

<h3>Why Is Prompt Medical Attention Important?</h3>

<p>After an accident, I should seek medical attention promptly if I experience injuries or symptoms.</p>

<p>Medical records help document the injuries and establish their potential connection with the collision.</p>

<p>Spanish legislation contains specific causation criteria for certain minor cervical injuries, making timely medical assessment particularly important.</p>

<p>Even if my symptoms initially seem minor, delaying medical attention may complicate both my recovery and the supporting evidence for my claim.</p>

<h2>How to Claim Compensation After an Accident With an Uninsured Driver</h2>

<p>I can approach the compensation process through several practical stages.</p>

<h3>Step 1: Verify the Insurance Status</h3>

<p>First, I need to establish whether the responsible vehicle had valid compulsory insurance when the accident occurred.</p>

<p>Official insurance verification procedures can help clarify this issue.</p>

<h3>Step 2: Gather Supporting Evidence</h3>

<p>I collect documents proving the circumstances of the accident, the injuries sustained, and the financial consequences.</p>

<h3>Step 3: Submit My Claim</h3>

<p>I can review the official procedure through the Spanish Insurance Compensation Consortium: https://www.consorseguros.es/</p>

<p>The Consortium provides information about submitting claims for road traffic accidents, including accidents involving uninsured vehicles.</p>

<h3>Step 4: Review the Compensation Assessment</h3>

<p>Compensation for personal injuries is generally assessed under Spain's statutory road accident compensation framework.</p>

<p>I should carefully review whether the assessment includes all eligible injuries, lasting consequences, and documented financial losses.</p>

<h3>Step 5: Seek Specialist Legal Advice</h3>

<p>If liability is disputed or the proposed compensation appears insufficient, specialist legal advice may help me understand my options.</p>

<h2>What If My Own Vehicle Was Also Uninsured?</h2>

<p>If I was driving without compulsory insurance, my legal position may become more complicated.</p>

<p>However, being uninsured does not automatically establish that I caused the accident or eliminate every possible right to compensation.</p>

<p>I must distinguish between responsibility for the collision and the separate consequences of failing to maintain compulsory insurance.</p>

<p>An individual assessment is particularly important in these circumstances.</p>

<h2>How Long Do I Have to Claim Compensation in Spain?</h2>

<p>Time limits are an essential part of any accident claim.</p>

<p>As a general rule, certain civil liability claims are subject to a one-year limitation period in Spain.</p>

<p>However, road traffic accident claims are governed by specific provisions affecting when that period begins and how formal claims may interrupt it.</p>

<p>For personal injuries, the date when the injuries stabilise may be relevant.</p>

<p>I should therefore avoid assuming that the deadline always runs directly from the accident date.</p>

<h2>Conclusion: An Uninsured Driver Does Not Mean No Compensation</h2>

<p>A <b>car accident with an uninsured driver</b> can be stressful, but Spanish law offers important protections for eligible victims.</p>

<p>The Insurance Compensation Consortium may provide compensation when the responsible vehicle lacks compulsory insurance.</p>

<p>My priorities should be to preserve evidence, document my injuries, verify insurance information, and submit the claim correctly.</p>

<p>At <b>Trafilex</b>, I can obtain specialist guidance about road accident compensation claims in Spain.</p>

<p><b>Have you been injured in an accident involving an uninsured driver? Contact Trafilex to understand your rights and explore the compensation you may be entitled to claim.</b></p>
 

<p>A road accident becomes even more stressful when the responsible driver disappears. Following a <b>hit-and-run car accident in Spain</b>, I need to understand how to collect evidence, identify the responsible insurer, and pursue compensation.</p>
<p>The driver's disappearance does not automatically eliminate my right to claim. However, compensation depends on the circumstances, available evidence, and type of damage.</p>
<h2>Hit-and-Run Car Accident: What Should I Do Immediately?</h2>
<p>My first priority is safety. I should never chase a fleeing driver.</p>
<ol><li><b>Move to safety:</b> Stop in a secure location.</li><li><b>Call emergency services:</b> Dial 112 if anyone is injured.</li><li><b>Contact the police:</b> Request an accident report.</li><li><b>Record details:</b> Note the registration number, vehicle characteristics, and direction of travel.</li><li><b>Seek medical attention:</b> Document any injuries.</li><li><b>Notify my insurer:</b> Follow the applicable reporting deadline.</li></ol>
<p>Spanish insurance legislation generally establishes a seven-day notification period unless the policy allows longer.</p>
<h2>Identifying the Responsible Driver</h2>
<h3>What If I Know the Registration Number?</h3>
<p>I can provide the registration number to the police and my insurer. It may help identify the vehicle and its insurance provider. However, identifying the vehicle does not automatically establish liability.</p>
<h3>What If the Vehicle Cannot Be Identified?</h3>
<p>The <b>Consorcio de Compensación de Seguros</b>, Spain's Insurance Compensation Consortium, may provide compensation for certain accidents caused by unidentified vehicles. Coverage depends on the circumstances and legally defined conditions.</p>
<h2>Essential Evidence for a Hit-and-Run Compensation Claim</h2>
<p>I should preserve as much evidence as possible:</p>
<ul><li><b>Police reports:</b> Document the official investigation.</li><li><b>Witness statements:</b> Help establish another vehicle's involvement.</li><li><b>Photographs:</b> Record damage and road conditions.</li><li><b>Surveillance footage:</b> May help identify the vehicle.</li><li><b>Medical reports:</b> Document injuries and treatment.</li><li><b>Invoices:</b> Support claims for financial losses.</li></ul>
<h3>Why Is the Police Report Important?</h3>
<p>Police officers may interview witnesses, examine physical evidence, and investigate nearby cameras. Their findings can support my claim, although a report does not guarantee compensation.</p>
<p>I can find official road safety information at Spain's <a href="https://www.dgt.es/">Directorate-General for Traffic (DGT)</a>.</p>
<h2>Who Pays Compensation After a Hit-and-Run Accident?</h2>
<h3>When the Responsible Vehicle Is Identified</h3>
<p>If liability is established, I can generally claim against the responsible vehicle's insurer. Compensation may include medical expenses, injuries, lost earnings, vehicle repairs, and other recoverable losses.</p>
<h3>When the Vehicle Remains Unknown</h3>
<p>The Spanish Insurance Compensation Consortium may compensate personal injuries caused by unidentified vehicles in qualifying accidents in Spain.</p>
<p><b>Property damage is not automatically covered.</b> It may be compensable when the accident also causes significant personal injury, including death, permanent disability, or temporary disability requiring a hospital stay exceeding three days.</p>
<p>If only my vehicle is damaged, the Consortium generally will not pay under these unidentified-vehicle provisions. I should check whether my own insurance provides coverage.</p>
<h2>Coverage Limits and Common Claim Difficulties</h2>
<ul><li>Insufficient evidence of another vehicle's involvement.</li><li>No independent witnesses.</li><li>Missing medical documentation.</li><li>Property-only damage without applicable coverage.</li><li>Failure to prove the connection between injuries and the accident.</li><li>Missing legal deadlines.</li></ul>
<p>Personal injury compensation is calculated under Spain's statutory road accident compensation system. Every case requires an individual assessment.</p>
<h2>How Can I File a Hit-and-Run Accident Claim?</h2>
<ol><li><b>Organize evidence:</b> Gather police reports, photographs, medical records, and invoices.</li><li><b>Identify the responsible organization:</b> Determine whether an insurer or the Consortium should handle the claim.</li><li><b>Submit a formal claim:</b> Explain the facts and compensation requested.</li><li><b>Review the response:</b> Evaluate any offer or rejection.</li><li><b>Consider further action:</b> Obtain legal advice when necessary.</li></ol>
<p>I should act promptly because limitation periods and procedural requirements may affect my rights.</p>
<h2>Conclusion: A Hit-and-Run Does Not Automatically Eliminate My Right to Claim</h2>
<p>A <b>hit-and-run car accident</b> creates uncertainty, but compensation may still be possible. The key is preserving evidence, understanding coverage limits, and identifying the appropriate claims procedure.</p>
<p>At Trafilex, I believe every accident deserves an individual assessment.</p>
<p><b>Have you been involved in a hit-and-run accident in Spain? Contact Trafilex to review your evidence and explore your compensation options.</b></p>

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.

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