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.

Unfortunately, traffic accidents happen every day and many times, the lack of knowledge of the injured parties about how to manage compensation in traffic accidents means that they receive much less than what they are entitled to. Whether you have already been through it or have not yet suffered a traffic accident, we tell you everything you need to know if you want to claim compensation.

Entitlement to compensation in a traffic accident

In principle, anyone who is a victim in a traffic accident is entitled to compensation, unless they are solely at fault in the accident. If you are only partly to blame for the accident, because the other party is also at fault, then you are entitled to compensation if you have evidence to prove that they are at fault. Such as a friendly report, witnesses or a police report. In these cases, your compensation will depend on the degree of your responsibility for the accident. Also entitled to compensation are all passengers and occupants of the vehicles involved in the accident, regardless of who caused it, and pedestrians or third parties who can prove that they have suffered physical and/or material damage in the accident.

You can choose between your insurer and traffic accident lawyers

In order to claim compensation, it is essential to have the advice of a lawyer. The Insurance Contract Law offers you the possibility of choosing the lawyer of your choice: the one offered by your insurance company or an independent lawyer specialised in traffic accidents. In principle, the insurer's lawyer is free, this means that he will get paid the same sum whether you get compensation or not, and whatever the amount of compensation is. So it is normal to think that he will look after his payer's interests more than yours. On the other hand, if you hire a lawyer on your own, his or her fees will be a percentage of the compensation you receive, so he or she will certainly try to make it as high as possible according to your injuries. In any case, whatever your choice, you are entitled to have your insurance pay your lawyer's fees up to the limit indicated in the legal assistance section of the policy you have taken out.

Calculation of compensation 

The calculation of compensation for traffic accidents is based on the injury assessment system in force on the date of the accident.

This system contemplates three types of compensation:

• For cause of death.
• For after-effects.
• For temporary injuries.

Therefore, the amount of compensation will depend on the seriousness of the injuries and damage suffered as a result of the accident. The greater they are, the greater the financial compensation will be.

However, the insurer will not pay any amount for concepts that are not justified by documentation.

Criteria for setting compensation 

The following criteria are taken into account when setting compensation for damages suffered in a traffic accident:

• In compensation for death:

• Basic loss. Compensation is paid for damage that cannot be quantified economically, and is therefore common to all persons.
• Particular loss. This takes into account the specific circumstances of the injured parties, such as the death of both parents.
• Financial loss. The injured parties are compensated for loss of income and expenses resulting from the accident.

• In compensation for sequelae or permanent injuries, whether disabling or not. A measurement is made by points of the damage caused, with a maximum of 100, and based on this an amount is established:

• Very serious damages: between €90,000 and €150,000.
• Serious damages: between €40,000 and €100,000.
• Moderate damages: between €10,000 and €50,000.
• Minor damages: between €1,500 and €15,000.
• Aesthetic damages: between €9,600 and €48,000.
• Psychophysical, organic or sensory damages: between €19,200 and €96,000.

• In compensation for injuries or temporary incapacity. This takes into account the period that elapses from the time the accident occurs until the healing process is complete. A distinction is made between:

• Days of very serious injury.
• Days of serious injury.
• Days of moderate injury.
• The rest of the days.
• For each surgical operation.

Interest for delay in the payment of compensation

In the event that the insurer does not pay the compensation within the three months established by the Law, from the moment it has knowledge of the existence of victims in an accident caused by one of his insured persons, then it would be in "delay". This means that interest will have to be added to the compensation.

However, interest for late payment can only be claimed if the injured party sues the insurer, not being in agreement with the offer received, and obtains a higher amount than this by judgement.

In this case, the interest rate for late payment to be paid by the insurance company is:

• During the first two years after the accident: the legal interest rate with an increase of 50%.
• After two years from the accident: the interest will be 20% for each year.

The statement 

When claiming compensation, it is essential to determine who is at fault in the accident. Therefore, if it is not possible to do so by means of a friendly report, it is necessary to call the police or the Guardia Civil to draw up a report.

In the statement, the police or Guardia Civil will determine both the circumstances in which the accident occurred and the responsibility for the accident.

A statement or report is an official document, so it will prevail over the statements of the parties involved in the event that there are discrepancies or simply that, given the seriousness of the accident, they do not clearly remember what happened.

The Insurance Compensation Consortium 

The Insurance Compensation Consortium is a public institution linked to the Ministry of Economic Affairs and Digital Transformation. It is in charge of covering claims where private companies do not guarantee compensation to the injured parties.

This body has, among others, the following functions:

• To assume the compulsory civil liability cover for those private vehicles that do not find an insurer in the private market.
• Acting as a Guarantee Fund in the following cases:

• The cause of the accident is an unknown vehicle.
• The vehicle that has caused the accident does not have insurance.
• The damage has been caused by a stolen vehicle.
• The insurer declares itself insolvent to pay compensation.

Reasoned offer

As soon as an insurer becomes aware of the existence of a traffic accident, it must gather all the information about the accident and the personal and material damage caused. Based on this, it calculates the amount it considers appropriate as compensation for the injured parties and draws up a reasoned offer in which it explains why it proposes that amount and on what reports and data it is based.

The insurer has a period of three months to do so, otherwise it will be in default and interest for late payment will have to be added to the compensation.

Once the injured party receives the reasoned offer from the insurer, it is advisable to review the proposal with a specialised lawyer. In the event of not accepting it, in most cases, the next step is to file a legal claim against the insurer.

Contributory fault or negligence

Contributory fault is a legal concept that refers to the percentage of involvement of each of the parties in an accident. This means that several of the parties involved are responsible for the facts, even if in different proportions.

Prior to 2016, in the case of contributory negligence, the compensation received by each of the parties was divided according to the criterion of primary and secondary negligence. Since then, however, the concept of "contribution to the production of the damage" has been used.

Therefore, victims of road traffic accidents can claim compensation, but this will be reduced by up to 75% for:

• Lack of use or inadequate use of seat belts, helmet or other protective elements by the claimant.
• In the case of non-driving victims, if they have deliberately contributed to the damage.
• When the victim maintains a conduct that aggravates the damage caused in the accident.
• In the event that the injured party does not contribute to a quick recovery of the injured party.

Misdemeanour trial

The misdemeanour trial, which is now called a minor offences trial, is a procedure that is held before an examining magistrate's court to try minor criminal offences in an agile and rapid manner, as the intervention of a lawyer and solicitor is not necessary.

Before 2015, the date of the latest reform of the Criminal Code, claims for injuries in traffic accidents were handled in misdemeanour trials. Since then, however, these matters have been tried in the civil sphere, before the Courts of First Instance.

However, there are some road accident claims that are still handled in the criminal courts:

• Serious injuries, even if they are the result of slight negligence.
• Injuries which, although not serious, are the result of serious negligence on the part of the defendant.

Compensation for traffic accidents 

In 2022, the schedule has been increased by 2.5% compared to last year's schedule of compensation for traffic accidents. In addition, with the new scale, 9% more will be paid for loss of earnings in the case of compensation for death.

Another of the new features of this year's scale is the increase in coverage for consequential damages in medical expenses or vehicle repairs. In addition to a 49.1% increase in compensation for injuries with non-disabling sequelae and 91% for those with disabling sequelae.

In the case of temporary incapacity, compensation may increase by up to 57% depending on whether the incapacity is absolute or total.

Why hiring a traffic accident specialist like Trafilex?

The time taken by an insurance company to deal with a traffic accident claim is usually very long, as they delay the response time as much as possible. In addition, many insurance companies try to pay very small compensations, without knowing the exact extent of the injuries caused by the traffic accident. The complexity of interpreting the scale and the constant changes in the regulations make it essential to have lawyers who specialise in claiming compensation for traffic accidents. Therefore, by hiring the services of a lawyer specialised in traffic accidents you can obtain the maximum compensation established by the Law and in a much shorter period of time. In addition, a lawyer will give you the best advice on medical matters, as it is very common for insurers to fail to provide the best possible rehabilitation.

How much does it cost to hire Trafilex?

Most insurance policies include Legal Defence cover, which can be used to cover the costs of lawyers. This cover provides the insured with money to hire the services of a lawyer external to the insurer, with the amount varying depending on the policy and the company with which the insurance policy is taken out. That's why at Trafilex we don't charge you if you don't get paid.

If you need to claim compensation for injuries and damages suffered in an accident, do not hesitate to contact Trafilex. You will be advised on how to proceed throughout the process and they will help you claim fair compensation for your injuries.

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.

Contrary to what most people think, medical care for road traffic accident victims is not free of charge. According to the law, it is the person at fault who has to pay the cost of the medical treatment received by the victims of the accident. 

So if you have doubts about who is responsible for paying your medical expenses in a traffic accident or which centre you can go to for treatment of your injuries, below we will try to answer all your questions. 

Free public or private health care? 

As a victim of a road traffic accident, you are entitled to receive the medical care you need to treat your injuries, either in a public or private hospital. 

Generally, road accident compensation covers all physical and material damage sustained in an accident, including the costs of medical care, regardless of whether the centre that provided the care is public or private. 

In the case of public health care, the injured party must provide the hospital with the details of the insurer of the vehicle responsible, and at the end of the treatment, he/she will be given an invoice that must be sent to his/her insurance company. 

If, on the other hand, the victim of the accident prefers to go to a private medical centre, then he/she will have to pay all the costs out of pocket and then claim them from the insurance company responsible.

Who is responsible for payment according to the Conventions or Agreements? 

By law, health centres have the right to claim from the insurer of the vehicle responsible for a traffic accident the payment of the cost of the medical care provided to the victims of the accident. 

Injured people who are occupants or passengers of the vehicles involved in the accident will always be covered by the insurance companies and the Insurance Compensation Consortium. However, in the case of drivers, the responsibility for payment will depend on who caused the accident.

In this case, according to the Public and Private Agreements, the person obliged to pay the medical expenses is determined taking into account the assumptions that we will see below. 

Accidents involving a single vehicle 

When only one vehicle is involved in the traffic accident, the insurance company or, otherwise, the Insurance Compensation Consortium is responsible for paying for the medical care needed by the victims, except in the case of the driver of the vehicle. According to the Public Agreement, the expenses incurred for the medical care of the driver are included only up to a maximum amount that is established in the economic conditions of the Agreement. 

Accidents involving more than one vehicle 

In the event that more than one vehicle is involved in the traffic accident, the insurance company is obliged to bear the health care costs only for those occupants or passengers of the vehicle it insures, and also for its driver. In the event that the vehicle does not have Civil Liability Insurance, the Insurance Compensation Consortium will be responsible for the expenses of the victims who are not responsible for the accident.

Injuries to third parties who are not users of the intervening vehicles 

If the traffic accident involves several vehicles and causes injuries to third parties, such as pedestrians or cyclists, then the insurance company of the injuring party or the Insurance Compensation Consortium is responsible for paying the costs of medical assistance to the injured parties.

If the injuries are the result of the displacement of containers, street furniture, etc., then the vehicle that has displaced them is liable to pay.

What are the Public and Private Health Care Agreements? 

The first Health Care Agreements were signed decades ago to facilitate the management and claims between medical centres, insurance companies and the Insurance Compensation Consortium.

These are agreements signed between the health services of the Autonomous Communities, public hospitals, the Insurance Compensation Consortium and the UNESPA association representing private insurers. 

Over the years, these agreements have been refined to extend their functions and coverage. At present there are several types of agreements, but the most important are those that affect both the public and private health care sectors. The versions currently in force are:

• The Agreement on public healthcare derived from traffic accidents for the years from 2022 to 2025
• The Framework Agreement on road traffic accident healthcare for the years 2022/2025 (private sector).

Which health centres should you go to? 

After suffering a traffic accident, the first step is to go to the emergency services of any hospital, whether public or private.

If the injured person subsequently needs specific healing or rehabilitation treatment in order to heal or stabilise their injuries, then they can decide which type of medical centre they want to go to for this treatment. You have the following options: 

• A public health centre. You will have to fill in a form with the details of the vehicles and the insurers involved in the accident, so that the hospital can bill the medical expenses to the insurance company. 
• A hospital proposed by the insurer of the vehicle in which you were travelling or by the insurer of the other vehicle involved. In this case, the insurance company will be responsible for all treatment costs.
• A private health centre of the injured person's choice. If the injured person chooses a private centre, he/she will have to bear all the costs himself/herself and can subsequently claim them from the insurer of the vehicle that caused the accident. If the claim is not possible because he/she is at fault, it will be necessary to see in the insurance contract whether he/she can claim reimbursement.
• A centre adhered to the Private Health Care Agreement (UNESPA). The chosen centre will be the one that requests authorisation from the insurer and then invoices the insurer for the cost of the treatment. Here the injured party will not have to pay any advance payment.

Tips for coping with a traffic accident 

If you are involved in a road traffic accident, there are two things that are essential in dealing with the situation:

• If you need specific treatment to recover from your injuries, always choose the medical centre that is best suited to your case, even if you have to pay for it initially. Remember that you can claim all the costs incurred from the insurer of the vehicle responsible for the accident. 
• Seek the advice of a lawyer specialising in traffic accidents. He or she will help you to comply with all the deadlines and requirements established by law in order to claim fair compensation for the injuries, after-effects and material damage caused by the accident.

What should I do if I have suffered a traffic accident? 

If you have been involved in a traffic accident, the first thing you should do is go within 72 hours to the emergency department of the nearest hospital or the hospital of your choice, so that they can assess the seriousness of your injuries and prescribe the most appropriate rehabilitation treatment to cure or stabilise them. It is important that you follow all medical instructions given to you, both for your recovery and if you want to claim compensation for a traffic accident.

Do I have to go to the care centre assigned by the insurance company or can I choose another one? 

According to the Insurance Contract Law and Law 41/2002 on patient autonomy, when you suffer a traffic accident you have the right to choose the medical centre where you will receive rehabilitation for your injuries. You can opt for one of your preference or go to the centre recommended by the insurance company, indistinctly.

However, choosing the right rehabilitation centre is fundamental both for the recovery of the injuries, as well as for the process of claiming compensation afterwards. So, as always, seek specialist advice. 

Who should pay for health care costs? 

As we have already seen, in most cases medical assistance as a consequence of a traffic accident is universal and free of charge, although it is not the Seguridad Social that pays all these expenses, but the insurer of the vehicle responsible for the accident.

Insurance companies are obliged to pay for any medical expenses incurred by the victims of the accident. It is therefore essential to determine who is responsible for the facts, as it will be their insurer who will be responsible for payment.

In the event that the at-fault vehicle does not have a Civil Liability Insurance policy, then the Insurance Compensation Consortium will be responsible for paying the costs of medical care for those injured in the traffic accident. 

What can I do if I have already paid for health care?

If you have had to bear and pay out of pocket the health care and rehabilitation costs required to recover or stabilise the injuries sustained in a traffic accident, you can ask the insurance company of the responsible vehicle to reimburse you for all the amounts you have paid by filing a traffic accident compensation claim.

In this type of compensation, there is a specific item intended to financially compensate the victim for all the health care expenses he or she has had to bear as a result of the accident.

For many people it is already their favourite means of transport in the city. However, for the vast majority of them, many doubts still arise when they face the situation of having to file a claim for compensation for an electric scooter accident. The reason is that until January 2021, when the regulation on personal mobility vehicles (VMP) came into force, there was no specific regulation in these cases, so it was necessary to resort to the different municipal ordinances and regulations of each city council.

In this article, we explain how to act if you suffer an accident on an electric scooter. 

Accident as an electric scooter rider

As in any other traffic accident, if as the driver of an electric scooter you are hit by a motor vehicle and it is proven that you are not at fault, you have the right to claim compensation from your insurer for all the personal and material damages caused to you. On the other hand, if you are at fault, you cannot claim any amount. 

Also in accidents involving an electric scooter, there is "contributory fault". In other words, when it is not clear who is solely liable, both the scooter driver and the driver of the motor vehicle can claim compensation from the insurance company. The amount they will receive will be proportional to the degree of fault they each have in the accident.   

However, in the event that the other party involved is another vehicle which, like the electric scooter, is not obliged to have liability insurance, then a legal claim will have to be made against the other driver, who will be liable with his or her personal assets.

Claiming compensation 

As in any accident, it is very important to clarify the circumstances and liability in order to know who to claim compensation from. 

The way in which financial compensation is calculated is the same in an electric scooter accident as in any other traffic accident. It will be necessary to use the damage assessment system established by Law 35/2015, of 22^nd September. 

This system establishes the following items for which you can claim if you suffer a scooter accident. 

Compensation for temporary injuries in scooter accidents 

In this item, the victim of a scooter accident will be compensated for the days that pass since the accident occurred, until the date on which he/she finishes his/her rehabilitation treatment for the temporary injuries suffered or medical discharge. 

According to the accident scale, each day will be valued with a different amount depending on the damage it entails for the injured party. For this purpose, the days are classified as follows:

• Days of very serious particular harm: when there is admission to the ICU.
• Days of serious particular harm: the days of hospital admission.
• Days of moderate particular harm: when the injured person is on sick leave.
• Days of basic personal injury: all other days.

In addition, the injured person will also be financially compensated for each of the surgical interventions that he/she needs.

Compensation for after-effects of a scooter accident

The compensation for after-effects or permanent disability will compensate the physical, aesthetic and psychological damages that remain after the healing or rehabilitation treatment has been completed. 

The after-effects are assessed on the basis of a points system in the accident scale. This table is used by a doctor specialised in the valuation of the injury to draw up a report in which he assigns a determined score to each after-effect.

Based on this report and taking into account the age of the injured party, the amount to be claimed under this heading will be established. In addition, an additional amount can be claimed in case the victim's personal autonomy has been affected. This amount will depend on whether the loss of quality of life is very serious, serious, moderate or slight. 

Compensation for patrimonial loss 

Here, under this heading, the victim will be compensated for the financial loss suffered as a result of the scooter accident. 

When claiming compensation for patrimonial injury, we have to take into account three types of damage:

• The material damage caused to the scooter or other personal belongings that the victim was carrying at the time of the accident and which were damaged.
• Emerging damage, which refers to all the health care expenses incurred by the injured party during the healing period, as well as those resulting from the after-effects.
• Loss of earnings. That is, the income that has ceased to be received after the traffic accident as a result of the injuries suffered.

Example of compensation 

Here is an example of compensation for an electric scooter accident received in 2021. The schedule is updated every year, so this amount may vary at present. 

While riding his scooter, J. S., who was 35 years old at the time, was hit by a car that ran a stop sign. As a result, J.S. suffered a series of injuries for which he received the following compensation: 

• Moderate personal injury (days off work): 61 days x 54.78 €/day = 3,341.58 €.
• Basic personal injury (remaining days until rehabilitation is completed): 61 x 31.61 €/day = 1,928.21 €.
• After-effects: 

• Pain in shoulder (3 points) = 2.676,82 €.
• Slight aesthetic damage (4 points) = €3,647.05

• Patrimonial Injury:

• Repair of scooter and helmet = 300 €.
• Loss of earning = 500 €.
• Emerging damage (pharmacy expenses) = 120 €.

The total amount of compensation was €12,513.66.

How long does it take to receive compensation? 

The time it takes for the victim to receive compensation for the electric scooter accident depends on two factors:

• How long it takes to recover or stabilise the temporary injuries sustained and therefore to obtain a medical discharge.
• The willingness of the insurance company.

Once the recovery treatment is completed, then the after-effects, if any, and the extent of the patrimonial injury must be quantified. 

After submitting the claim for compensation to the insurer, the injured party will receive a reasoned offer from the insurer. Depending on whether or not the offer is accepted, the time to receive compensation will vary.

If the victim accepts the insurance company's offer, he will receive his compensation within 30 days maximum. If, on the other hand, the victim considers that the offer does not correspond to the damages suffered, he or she will have to claim through the courts. In that case, the recovery may be delayed for months or years depending on the court and whether the insurer wants to settle out of court.   

Problems in electric scooter accidents 

Following the boom of electric scooter in recent years and the consequent increase in the number of accidents involving electric scooters, a number of problems have been identified which are common in this type of accident and which have an impact on the claim for compensation:

• The injuries that victims often suffer are more similar to those of a motorcyclist than to those of a cyclist. This will therefore influence both the compensation for temporary injuries and the compensation for after-effects.   
• Lack of knowledge of the rules applicable to electric scooters. Many scooter riders are minors who do not know the rules of the road. In these cases, it is their legal guardians who must take responsibility for any damage they cause. 
• Speeding, riding without wearing a helmet, listening to music or without reflective or audible elements that warn other drivers of their presence. In the event that liability is attributable to negligence on the part of the scooter driver, he/she will lose the right to claim any type of compensation. 

Advice after an electric scooter accident

We give you the following advice so that in the event of a electric scooter accident, you know what to do: 

• No matter if you have not suffered serious injuries, call 112 or go to the hospital within 72 hours. Damage often appears within hours of the accident. 

• Sometimes it is difficult to determine responsibility, so call the police or the Guardia Civil to draw up a report and clarify the causes and responsibility for the accident.

• It is advisable to have witnesses and collect their contact details in case their statement is necessary.

• If the driver of the accident tries to escape, try to memorise the number plate or the vehicle's characteristics.