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.

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.

Following a road traffic accident (RTA), most Spanish drivers make the same mistake: leaving their case exclusively in the hands of the solicitor assigned by their insurance company. It seems like the most convenient and logical choice, doesn't it? After all, you are already paying for it in your policy.

However, what many are unaware of is that, by law, you have the absolute right to choose a private solicitor of your choice, and in the vast majority of cases, your insurer must cover their fees (either in full or in part).

Conflict of Interest: Who is the Real Client?

The main issue with "in-house" insurance solicitors is dependency. Large insurance providers in Spain have collaboration agreements (such as the CIDE or ASCIDE agreements) to streamline payments between one another.

If your solicitor works for Company "A", and Company "B" (the party at fault) has an agreement with yours, a perverse incentive exists to settle the case quickly and for a minimum amount. A company solicitor will rarely fight for that final 10% or 20% of compensation if it means going to trial against a company with which their boss has commercial agreements.

Your Greatest Ally: Article 76 of the Insurance Contract Law

In Spain, the right to the free choice of a solicitor is not a suggestion; it is the law. Article 76 of Law 50/1980 on Insurance Contracts establishes that the insured party has the right to freely choose the professional who shall defend and represent them in any proceedings.

Key Note: This right exists to guarantee that your defence is independent and that no one imposes a solicitor upon you whose interests may clash with your own.

How does Legal Expenses Insurance work?

Almost all car insurance policies in Spain include Legal Expenses cover. This is where the financial "magic" is hidden:

1. The Policy Limit: Your insurance usually covers between £600 and £3,000 (or even unlimited amounts in premium policies) to pay for an external solicitor.
2. The Reimbursement: You hire a private solicitor, they manage your compensation claim, and at the end of the process, you present the invoice to your insurer to be reimbursed for the money spent, up to your contract’s limit.
3. Total Independence: The private solicitor is paid by you (or via the policy), meaning their sole objective is for you to receive the maximum possible compensation for your injuries and material damages.

Key Differences: Insurance Solicitor vs. Private Specialist Solicitor

Steps to Exercise Your Right in Spain

If you have had an accident, do not wait for the company to decide for you. Follow these steps:

• Do not sign anything immediately: The insurer will try to get you to accept their solicitor from the very first call. Say that you are thinking about it.
• Find a Civil Liability Specialist: Contact a firm that only handles road traffic accidents. They will review your policy free of charge to see how much your legal expenses cover provides.
• Communicate the Appointment: Your new solicitor will draft a letter for your company informing them that you have decided to exercise your right to free choice. From that moment on, the insurer must stand their solicitor down and make way for yours.

Conclusion

In the Spanish legal system, the "Traffic Scale" (Baremo de Tráfico) is complex. Factors such as "moderate personal injury days," aesthetic sequelae, or loss of earnings (what you stop earning due to the accident) are often ignored by company solicitors to avoid lengthy litigation.

Using a private attorney isn't "going against your insurance company"; it's simply using coverage you're already paying for each year. Don't let the payer decide how much your injuries are worth.

If, after an accident in Málaga, no agreement is reached and the versions of events are contradictory, the process leaves the "amicable" route and enters a phase of technical and legal dispute. Do not worry; this is very common, and there are established protocols to resolve it.

This is what happens step-by-step:

1. The "Rejection of Agreement" (Rechazo de Convenio)

Normally, insurers communicate via a computerised system (CIDE/ASCIDE) to accept liability within 48 hours. If there is no agreement:

• Your company will send a formal claim to the opposing party.
• The other company will issue a "Rejection of Agreement", arguing that their client is not responsible.
• At this point, the case remains "blocked" administratively until new evidence appears.

2. Involvement of Legal Departments

This is where your insurance policy is key. Almost all insurance policies include Legal Defence; it is highly recommended to choose a private solicitor who is independent of both companies and specialises in traffic accidents.

This solicitor will analyse the existing evidence (police reports, witnesses, photos, videos, location of material damage, etc.) to coordinate a defence, either through amicable channels or through the courts.

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3. The Extrajudicial Claim (Pre-action Protocol)

Before proceeding to court, a mandatory claim for a Reasoned Offer (Oferta Motivada) is sent. The following are attached:

• Medical reports regarding your injuries.
• Expert assessment of the car's damage.
• Evidence of liability (photos, police report). The law obliges the opposing company to respond within a maximum period of 3 months.

4. Legal Proceedings: The Last Resort

If the other company maintains its refusal, the only remaining option is to take the matter to court (Civil Proceedings).

• Verbal Trial (Juicio Verbal): If the amount is small (less than €15,000), the process is relatively fast.
• Ordinary Trial (Juicio Ordinario): For larger amounts.
• The Judge decides: After hearing from the accident reconstruction experts, the judge will typically issue a judgment determining who is liable to pay.

What should you do right now?

If you see that an agreement is unlikely, take these measures immediately:

• Do not repair the car yet: If you must, ensure that a loss adjuster sees it first or that the garage takes detailed forensic photos. If the case goes to trial, the condition of the vehicle serves as evidence.
• Collect witness details: If you have the phone number of anyone who saw the accident, call them now and mention that the insurance company may contact them.
• Seek independent advice: Sometimes, your own insurers (especially if they are low-cost or have agreements with each other) may not fight hard enough. An external solicitor specialising in accidents in Málaga can be more assertive in defending your interests.

Important information for Málaga: The Civil Courts are located in the Ciudad de la Justicia (Teatinos). If the accident occurred in the capital, this is where any potential litigation would be resolved.

This is one of the most frustrating situations you can face. However, in the world of insurance and road safety, one person’s word against another’s is rarely enough if you know how to play your cards right. If the other driver lies or denies fault on the accident report, the scenario shifts from an "amicable claim" to a "disputed claim."

Here are the strategic steps you should take to win the case:

1. The importance of the Police Report

If there is no agreement at the time of the accident, you must call the police immediately. Why? Because the officers will perform a visual inspection, measure skid marks, check the final position of the vehicles, and take statements from both parties.

• Presumption of truth: What an officer writes in a formal report carries much higher evidentiary weight than the word of a private individual. If the police report states the other party is at fault, you have won 90% of the battle.

2. Locate Witnesses (Crucial in Málaga)

In roundabout accidents (such as those in the Teatinos area or Avenida de Andalucía) or lane changes, fault is often disputed.

• Look for people who witnessed the collision.
• Ask them for their name and telephone number.
• Even if they do not wish to give a statement to the police at that exact moment, their later testimony can be the key to your insurer winning the dispute.

Aquí tienes la traducción de la segunda parte del texto al inglés británico, manteniendo el estilo profesional y adaptado al contexto legal del Reino Unido:

3. Physical and Visual Evidence

Nowadays, your mobile phone is your best lawyer. Do not move the cars until you have evidence:

• Overview photos: Showing road signs and markings (give way signs, traffic lights), road surface markings, and the relative positions of both vehicles.
• Close-up photos: Damage to the cars speaks volumes. An impact on the front wing vs. the rear door helps loss adjusters determine who moved into whose lane.
• CCTV: If the accident occurred near a bank, shopping centre, or public building in Málaga, inform your solicitor so they can request the footage before it is deleted.

4. The "War" Between Companies

When there are conflicting accounts, insurers enter a process of protocol rejection:

1. Your insurer makes a claim against the other party.
2. The other insurer rejects liability based on their client's version of events.
3. This is where your Legal Expenses Cover comes in: If you have this cover (most policies do), your insurer must appoint a solicitor to fight the case.

5. What to do if there is no Police Report or Witnesses?

If you find yourself in a "your word against theirs" situation with no clear evidence:

• Accident Reconstruction Report: A specialist forensic engineer can analyse the damage and determine, through the physics of the impact, which version is technically and logically possible.
• Legal Proceedings: If the reconstruction report still fails to convince the other side, the final step is to issue a civil claim. In many cases, seeing that you are serious and that there is a risk of going to court, the opposing company ends up accepting liability.

Staying calm is vital to making the right decisions. Málaga has clear protocols and very efficient emergency services, so here are the steps to follow in a structured way:

1. The PAS Protocol (Protect, Alert, Succour)

Before calling anyone, ensure that the surroundings are safe to prevent a second accident.

• Protect: Stop the car in a safe place, put on your high-visibility vest, and place the warning triangles (or the V-16 beacon) 50 metres away.
• Alert: Call 112. This is the free emergency number and will coordinate the Málaga Local Police, the Civil Guard (Traffic Division), and medical services.
• Succour: Do not move any injured persons unless there is a risk of fire or explosion.

2. Key Contacts in Málaga

The jurisdiction changes depending on where the accident occurred:

3. Documentation and Police Report

If there are no serious injuries and the other driver is cooperative, the ideal course of action is to fill out an Agreed Statement of Facts (the blue and yellow form).

• Photos and Witnesses: Take photos of the damage, the position of the vehicles, and the road signage. If there are witnesses, ask for their names and telephone numbers.
• The Police Report: If there are injuries or the other driver does not admit fault (or flees the scene), demand the presence of the police to draw up an official report. This is essential for future claims.

4. Referral Medical Centres

In Málaga, if you need to go to A&E (accident and emergency) for trauma, the main public centres are:

• Hospital Regional (formerly Carlos Haya): The referral centre for complex traumatology.
• Hospital Clínico Universitario (Teatinos): Covers the western and university areas.
• Hospital Costa del Sol: If the accident occurred towards the Marbella/Estepona area.

Additionally, you can attend any private hospital, such as Quirón, Chip, Gálvez, or El Ángel, which are part of the Private Healthcare Agreement for Traffic Accidents.

Important note: Even if you feel fine, adrenaline can mask injuries such as whiplash. Attend a medical centre within the first 72 hours so it is recorded in your medical history for insurance purposes.

5. Subsequent Steps

• Insurance: You have a period of 7 days to inform your insurance company.
• Free choice of solicitor: Most policies include legal defence, which allows you to hire an independent solicitor at no extra cost to claim compensation.

Have you been injured in a road accident in Spain? The 2026 traffic injury compensation scale, known as the Baremo de Tráfico, provides the legal framework for calculating compensation for temporary injuries, permanent impairments and financial losses.

At Trafilex, we explain the updated statutory amounts, how the compensation tables work and what you should consider before making a claim.

What is Spain's 2026 traffic injury compensation scale?

The Baremo de Tráfico is Spain's statutory system for assessing personal injury compensation following road traffic accidents.

Law 35/2015 introduced a major reform that came into force on January 1, 2016. The framework has subsequently been amended, including through Law 5/2025.

For 2026, statutory compensation amounts increased by 2.9% compared with 2025, according to the resolution issued by Spain's Directorate-General for Insurance and Pension Funds on February 3, 2026.

The system follows two essential principles:

• Full compensation: providing compensation for legally recognized damage and losses.
• Separate assessment: evaluating personal and financial losses under their respective categories.

What damages can be included in a road accident claim?

• The Spanish compensation framework covers three principal situations:
• Death resulting from an accident.
• Permanent injuries or impairments.
• Temporary injuries during recovery.

Each category may include basic personal damages, particular personal damages and financial losses.

The final compensation amount depends on the injuries, medical evidence, recovery period and individual circumstances.

How to calculate compensation using the 2026 Spanish injury scale

Temporary injury compensation: tables 3.A, 3.B and 3.C

Temporary injuries are generally assessed from the date of the accident until recovery or medical stabilization, subject to the applicable statutory rules.

The official daily compensation amounts for 2026 are:

• Basic impairment: €39.20 per day.
• Moderate impairment: €67.96 per day.
• Severe impairment: €98.02 per day.
• Very severe impairment: €130.69 per day.

Basic impairment covers recovery days without a qualifying particular impairment.

Moderate impairment involves a significant restriction of normal activities. 

Severe impairment affects essential daily activities or most specific personal activities. Very severe impairment involves an almost complete loss of autonomy for essential activities.

Being absent from work does not automatically establish the legal impairment category. The assessment depends on the claimant's actual limitations and medical evidence.

The daily amounts for moderate, severe and very severe impairment already include basic compensation for the same day.

Compensation for surgical procedures

The 2026 compensation scale provides an additional amount ranging from €522.76 to €2,091.05 per surgical procedure, depending on the nature of the intervention and the applicable legal criteria.

Permanent injuries: tables 2.A, 2.B and 2.C

Permanent injuries, known in Spanish as secuelas, are lasting physical, psychological, sensory, organic or aesthetic impairments following medical stabilization.

The compensation framework uses several tables.

Table 2.A.1 — Medical assessment

Identifies permanent injuries and assigns impairment points according to their nature and severity.

Table 2.A.2 — Financial assessment

Determines the monetary value of the recognized impairment points based on the injured person's age.

Table 2.B — Particular personal damages

Provides additional compensation when specific statutory conditions are satisfied, including certain forms of moral harm and loss of quality of life.

Table 2.C — Financial losses

Addresses eligible financial consequences, including certain future expenses and loss of earnings.

Two claimants with similar injuries may therefore receive different compensation amounts.

Practical example: calculating road accident compensation in 2026

Consider a 31-year-old chef injured in a road accident.

The recovery period includes:

• 30 days of moderate impairment.
• 65 days of basic impairment.
• Two permanent impairment points.
• No documented loss of salary.

We first calculate temporary injury compensation:

30 × €67.96 = €2,038.80

65 × €39.20 = €2,548.00

The temporary injury subtotal is:

€2,038.80 + €2,548.00 = €4,586.80

We must then add the monetary value of two permanent impairment points for a 31-year-old claimant, using the official 2026 financial assessment table.

Any other eligible and documented losses may also be included.

€4,586.80 is the temporary injury subtotal, not the final compensation amount.

What additional expenses can accident victims claim?

Depending on the circumstances, recoverable financial losses may include:

• Eligible medical and rehabilitation expenses.
• Necessary travel costs for treatment.
• Documented loss of earnings.
• Certain future expenses resulting from permanent injuries.
• Other legally recognized financial losses.

We recommend retaining medical reports, receipts, invoices and employment documentation to support the claim.

Frequently asked questions about Spain's 2026 compensation scale

How much compensation can I receive per recovery day?

Daily compensation ranges from €39.20 for basic impairment to €130.69 for very severe impairment. The applicable category depends on the actual injury-related limitations.

How are permanent injury points calculated?

A medical assessment identifies the lasting injuries and assigns points under the statutory medical scale. The financial table then determines their monetary value based on age.

Can I claim compensation without taking sick leave?

Yes. Not taking sick leave does not automatically prevent a compensation claim when injuries and compensable losses can be established.

What is the deadline for making a claim?

As a general rule, direct claims against an insurer are subject to a one-year limitation period. However, when that period starts and whether it is interrupted depend on the circumstances.

Does an online calculator provide a final settlement amount?

No. A calculator provides an initial estimate. The final assessment depends on medical evidence, the applicable legal framework and individual circumstances.

Calculate your road accident compensation with Trafilex

Understanding Spain's 2026 traffic injury compensation scale is the first step towards evaluating your potential claim.

At Trafilex, we help accident victims understand the statutory tables, identify compensable losses and assess the consequences of their injuries.

Try our free accident compensation calculator for an initial estimate.

For a more detailed assessment, contact our team and we will help you review your case.

Consequential loss (or "out-of-pocket expenses") is a fundamental concept within financial loss. In simple terms, it is money that comes out of your pocket as a direct result of the accident. These are real, current, and quantifiable expenses that you would not have incurred if the incident had not occurred.

Unlike compensation for "days off work" or "treatment days" (which compensates for your injury and recovery time), consequential loss seeks to reimburse you for the exact amount of money you have lost by paying bills.

1. What expenses are considered Consequential Loss?

In Málaga, and generally under the Scale of Traffic Accidents in Spain, you can claim the following:

• Medical and Pharmaceutical Expenses: Pharmacy receipts (medication, ointments), neck braces, crutches, private physiotherapy sessions, or diagnostic tests (if not covered by the standard agreement).
• Travel Expenses: Taxi, bus, or petrol receipts for attending rehabilitation or medical appointments.
• Personal Property Damage: The cost of repairing or replacing items broken in the crash: clothing, motorcycle helmet, glasses, mobile phone, or even a child's car seat.
• Third-Party Assistance: If the injury is serious and you need to hire someone for domestic chores or personal care.
• Adaptations: If the accident results in serious permanent disability, the cost of adapting your home or car is also included here.

2. Key difference: Consequential Loss vs. Loss of Earnings

It is very common to confuse them, but they are two sides of the same economic loss coin:

3. Requirements to be able to claim it

Simply stating that you have incurred expenses is not enough; the insurance company will demand strict proof:

1. Documentary Evidence: You need official invoices (in many cases, simplified receipts without your personal details are not valid) and proof of payment.
2. Causal Link: The expense must be logically necessary to treat the injuries from the accident. If you buy vitamins that are unrelated to your injury, the insurance company will reject them.
3. Medical Prescription: It is vital that a doctor has recommended that treatment or product. For example, if you buy a neck brace on your own without it appearing in the emergency room report, they may deny the reimbursement.

4. Practical advice in Málaga

• Keep everything: Always ask for an invoice in the injured person's name for taxis (you can ask them to state the route "Home - Rehabilitation Clinic").
• Mileage: If you use your own car, record the kilometres and the dates. Although there is no specific petrol invoice per journey, compensation is usually paid according to a cost-per-kilometre table.
• A&E (Emergency Room): Remember that if a medical expense is incurred but you did not go to A&E within the first 72 hours, the insurance company may refuse to pay, claiming there is no proof that the injury resulted from the accident.