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.

When you are in the process of claiming compensation, sometimes differences arise between the insurance expert's and the victim's version of the extent of the injuries. In these cases, it is possible to request the intervention of a forensic surgeon to examine the injured person and make a report. The role of this forensic report in a traffic accident is very valuable, as it is able to relate the injuries and after-effects that a person has to what happened in an accident. 

Until 2016, the only way to obtain a forensic report free of charge was if the road traffic accident was being investigated in criminal proceedings. However, since the entry into force of Royal Decree 1148/2015 of 18^th December, any victim of a car accident has the possibility of requesting a forensic report free of charge and out of court to prove the extent of their injuries.

So if you are currently processing a claim for compensation for a traffic accident, here we explain everything you need to know about the forensic report. 

What a forensic report is and why it is important

A forensic report is a document that links the injuries sustained by a person to what happened in a traffic accident. For this, the medical surgeon takes as a reference the tests that have been carried out on the victim, the injuries diagnosed and the rehabilitation period needed to recover from them. In addition, the forensic report also includes the functional, psychological or aesthetic sequelae of the injured person once rehabilitation has been completed. 

This report is an objective document, since:

• Both parties, the injured party and the insurer, have the right to request that any aspect they consider appropriate be included in the report.
• Neither the victim nor the insurer can choose the forensic surgeon who will carry out the examination and the report.
• The same doctor is never assigned by default to cases from the same insurer. 

Therefore, the forensic report is essential because: 

• It allows the compensation calculators to better quantify the extent of the injuries.
• It helps the injured party to obtain a fairer compensation in accordance with the damages suffered. 
• In the event of having to go to court, the forensic report provides the court with more precise and detailed information, from a scientific and medical point of view, about the events that occurred.

Getting a forensic report? 

To obtain a forensic report, it is necessary to submit a request to the Institute of Legal Medicine and Forensic Sciences of the place where the accident took place or where the victim's home is located.

The request can be made by the injured party, the insurance company or both parties by mutual agreement. However, when it is the insurance company that requests this report, it must have the authorisation of the victim. 

Together with the application, the following documents must be submitted: 

• The reasoned offer presented by the insurer.
• The medical documentation that the injured person has and that issued by the insurer.
• Any other documentation, photographs, reports, etc., that may be useful. 

 Before accepting the application, if the Institute of Legal Medicine notices any error or mistake, it can require that it be rectified within 10 days. If everything is correct, it will summon the injured person for the examination and will inform the insurer. 

During the month following the examination, both the victim and the insurance company will receive the report from the forensic institute and both will have seven days to request any clarification or correction they consider appropriate.

Contents of the forensic report? 

The forensic report serves as a basis for the insurer to submit a second reasoned offer or for the victim to decide to initiate a legal claim, therefore it should include the following information: 

• The details of the injured person, the insurance company and the forensic surgeon who prepared the report.
• An explanation of the circumstances in which the accident occurred and the most relevant details and facts of the accident. 
• The examinations, tests and other assessments carried out on the injured person during the period of medical care that have been taken into account in the report.
• A detailed explanation of the extent of the injuries suffered by the victim, the after-effects and any other damage that the victim may suffer for life.   
• The place, date and time of the examination. 

Who assumes the costs of the forensic report in a compensation claim? 

It will be the insurer of the vehicle responsible for the accident who will be responsible for paying the cost of the forensic report, never the injured party.

However, if the insurance company denies the responsibility of its insured in the accident or it is demonstrated that there is no relation between the accident and the injuries of the victim, or that these are of lesser severity; the intervention of a forensic surgeon cannot be requested.

The alternative is for the injured party to go to a private medical expert and pay for the report out of pocket in order to be able to file a lawsuit against the insurer. In this case, if necessary, this expert can later go to court to ratify his report, unlike the forensic doctor. 

How are the damages quantified in the case of a civil claim?

In order to initiate a civil claim, all the damages suffered by the victim as a result of the traffic accident must be quantified. This quantification is made on the basis of the medical expert's report and the provisions of the accident scale.

For the calculation of damages, a distinction must be made between: 

• Basic personal injury. Here compensation is paid:

• The death of the victim.
• Temporary injuries, depending on the number of days it has taken to heal and the loss of quality of life during this time.
• The after-effects or sequelae, according to the level of help needed for personal autonomy. 

• The particular personal injury. In this case, the specific circumstances of the injured party are taken into account to establish an amount.
• The pecuniary damage. Here it is necessary to differentiate:

• Loss of earnings or loss of income of the injured party.
• Emerging damage or expenses derived from the accident.

Can the insurer lower the amount of the reasoned offer if the expert examination indicates fewer injuries? 

In the event that the forensic surgeon in his report assesses that the victim has fewer injuries and/or sequelae than the insurer's expert in his documentation indicates, the insurance company should not lower the amount of compensation proposed in the reasoned offer. If it did so, it would be acting against the information that it itself has used and provided. 

However, it is not very common for the coroner's examination to determine that the victim's injuries are less than what is reflected in the previous medical documentation. In any case, to avoid this, it is advisable to accept the reasoned offer as payment on account and then request the forensic medical report. 

If the reasoned offer is accepted, do I lose my right to make a claim out of court? 

Not in any case. The acceptance by the victim of the amount proposed by the insurer in the reasoned offer is not a waiver of his or her right to continue claiming, out of court or in court, a fairer amount to compensate for the injuries and damages he or she has suffered in a traffic accident. 

Therefore, after acceptance of the reasoned offer, the insurance company cannot require the claimant to sign any kind of waiver document.   

How much does a medical expert's consultation cost and who has to pay for it? 

If the victim of a traffic accident cannot request the free forensic report, for the reasons given above, then he or she will have to go to a private medical expert if he or she wants to continue with the claim for compensation. In this case, as it is a personal decision, the claimant will have to pay the cost of the report out of pocket.

How much it costs to consult a private medical expert and obtain a report depends on the individual professional. We therefore recommend that you seek the advice of a lawyer specialising in compensation claims, as skimping on this can be counter-productive.

Which doctors can issue an expert report 

In principle, Spanish law stipulates that any medical graduate can produce an expert report. However, not all doctors do so. Doctors with clinical specialties, although they have the capacity to give an expert opinion on any health or scientific issue, have been trained to diagnose and treat patients.   

Therefore, a judge will always give more credibility to a doctor who specialises in forensic and legal medicine, and not all medical experts are.   

What to consider when hiring one 

Choosing the right medical expert is essential if you want to get a fair road traffic accident compensation. Here are some of the considerations you should take into account when hiring one: 

• It is important that they do not work for any insurance company or assistance service linked to them, as in that case they cannot produce expert reports.
• You have to take into account both their professional career and prestige, as well as their training, as not all experts are specialists in legal and forensic medicine.
• Ideally, they should transmit confidence from the outset. 
• In the event that you have to go to court, it is good that you have a certain amount of experience and that he or she has the communication skills to specify, defend and explain your opinion, as well as the ability to respond and improvise.

Importance of the medical history in expert evidence

In a claim for compensation for a traffic accident, it is up to the victim to prove what happened and for this, the medical history is essential because it is the basis on which expert evidence is carried out. 

The medical history is the set of medical documents that have been generated as the injured person has received medical care after the accident with the aim of healing or stabilising their injuries. For this reason, they are undoubted proof of the injuries, diagnosis and treatment received by the injured party in an accident.

The more complete the medical records provided by the claimant in his or her claim against the insurer, the better the chances of obtaining a fair compensation. Thanks to it, your lawyer will be able to defend your position better and the judge will have objective information to reconstruct the facts, to check if the damage caused could have been avoided, to determine if there are any after-effects and how they will affect your life, etc.

The market value (valor venal) of a car is the value the vehicle has on the second-hand market immediately prior to an accident or loss. Essentially, it is the money you would have received for it had you sold it a second before the crash.

This is the reference value used by insurers to decide whether to repair your car or declare it a total loss (a "write-off"), which happens when the repair cost exceeds this market value.

1. How is it technically calculated?

Insurers and the tax authorities (HMRC equivalent) follow a standardised process to avoid subjectivity:

1. Official Tax Value: The base is the price of the car when new according to the annual list published by the BOE (Ministry of Finance). This value depends on the make, model, engine type, and trim.
2. Depreciation Percentage: A reduction percentage is applied to that "new" value based on the years passed since its first registration.

Depreciation Table (2026 Reference):

2. The different "types" of Market Value

Depending on your policy and who is at fault, different values will be discussed:

• Market Value (Valor Venal): Only takes into account the make, model, and age. It does not include mileage or optional extras that were not standard.
• Enhanced Market Value: Some policies include a clause that adds a percentage (usually between 20% and 30%) to the market value to ensure fairer compensation.
• Replacement Value: What it would cost you to buy an identical car from a second-hand dealership. It is usually 20-30% higher than the standard market value because it includes the dealer's margin and warranty.
• New Value: What the car costs today at a dealership. This is usually only paid if the car is less than 1 or 2 years old.

3. What if the market value is very low? (The problem in Málaga)

If you have a well-maintained 12-year-old car, its market value will be minimal (10% of its original value). If you are involved in a collision on a street in Málaga and the repair costs £3,000, but your market value is £1,200, the insurer will want to pay you that amount plus the scrap value if they keep the car, or minus that value if you decide to keep it.

What can you do?

• Loss of Use/Sentimental Value (Valor de Afección): You can claim up to 50% more than the market value as "sentimental value" or "utility value," since you had a perfectly functioning car and now you have nothing.
• Supreme Court Ruling 420/2020 of 14th July (First Chamber of the TS).

4. Where can I check my car's value?

To get an approximate figure today:

1. Search for your model in the Tax Agency Tables (BOE) for the current year.
2. Apply the percentage based on its date of registration.
3. If you have fully comprehensive insurance, check your specific policy conditions to see if they guarantee New Value or Enhanced Market Value.

Today we are going to talk about permanent disability due to a traffic accident. Better known as after-effects or sequelae, these are a hard time for the victim who must learn to live with a new and different physical or psychological situation that limits him/her to some extent. 

What is permanent disability due to a traffic accident?

We are dealing with permanent disability due to a traffic accident when, after the occurrence of an accident, the victim suffers injuries that result in a physical or psychological situation that prevents him/her from being able to carry out his/her usual profession and/or any other work, either totally or partially. 

The following is a breakdown of the 4 types of permanent disability that can occur after a traffic accident: partial, total, absolute and severe disability. 

Partial permanent disability

Situation in which the worker is partially unable to carry out his or her usual work. This occurs when work performance is reduced by 33%.

Total permanent disability

Situation in which the worker is totally unable to carry out his/her usual work, but not other occupations. 

Absolute permanent incapacity

Situation in which the worker is absolutely unable to carry out his usual work and any other occupation.

Permanent incapacity for severe disability

Situation in which the worker, who is permanently and totally disabled, requires the help of a third person to be able to carry out the basic activities of daily life. 

Claiming compensation for permanent disability after a traffic accident

When we cause permanent disability, in any of its degrees, the victim is entitled to receive the corresponding benefit by means of an administrative application through the Instituto Nacional de la Seguridad Social.

However, when permanent disability is caused by a traffic accident, Law 35/2015, of 22^nd September, on the reform of the system for the assessment of damages caused to people in traffic accidents, also includes various compensation items aimed at compensating the harmful consequences caused to the victim.

Firstly, the law provides for a Medical Scale, with an exhaustive list classifying the different after-effects and their assessment within an individualised range.

Independently, a table of pre-established compensation amounts is set out, depending on the number of sequelae points and the victim's age. These amounts are automatically updated, with effect from 1 January each year, in accordance with the percentage of the pension revaluation index provided for in the General State Budget Law. 

On the other hand, the law assesses the so-called moral damage due to loss of quality of life caused by sequelae, when a certain number of sequelae are exceeded. 

Likewise, the law foresees a compensation item for those injured who need the help of a third person due to permanent incapacity after a traffic accident. 

Finally, when we find ourselves in a situation of permanent incapacity, in any of its degrees, our economy is inevitably harmed. In other words, there is the so-called loss of earnings, which are the amounts that we stop or will stop receiving, for personal work carried out, as a result of a traffic accident. Well, the law contains compensation items to cover those amounts that we will cease to receive for the performance of our profession or any other, and that we will no longer be able to carry out as a result of permanent disability after a traffic accident. 

There are various types of damages and losses that can be compensated for in the Traffic Schedule, and the key to a perfect claim for permanent disability due to a traffic accident is the correct and experienced application of the Schedule so as not to leave any damage caused to which we are entitled.

One of the most common injuries after a car accident is the whiplash trauma or injury, it is that common that it costs insurers millions of euros a year in compensation. So if you want to claim compensation for whiplash caused by a car accident, here is everything you need to know about this type of injury, the scale and how to present your claim to the insurance company.

What is whiplash trauma?

A cervical sprain or whiplash is an injury that occurs as a result of an energetic and rapid flexion and extension movement of the neck, from back to front, which causes a tear in the bony tissue and soft tissue that joins the cervical vertebrae.

This abrupt hyperextension of the neck usually follows an unexpected impact in which the energy of the blow is transferred to the neck and, because the muscles are relaxed, cannot react in time to limit the range of motion.

Types or degrees of neck sprain or whiplash

The symptoms that appear after suffering whiplash are what indicate what type of whiplash injury you may have. Therefore, you should know that there are three types or grades of whiplash.

Grade or Type I sprain

This is the most superficial sprain in the classification and is sometimes difficult to detect. In this type of injury, the stretching of the tissues of the neck is small, without rupture, and therefore the resulting sprain is mild.

Although there are no physical signs of injury in this grade, you may feel pain in the nape, neck, head or upper limbs (neck pain or cervicalgia) and/or stiffness and reduced mobility of the neck.

Cervical sprain Grade or Type II

In this type of sprain, the contracture that occurs is more significant, as there is a moderate elongation of the muscles and ligaments. In some cases, there is partial rupture of the tissues, although they do not separate, and this can limit the movement of the joint. In this case we are talking about a grade 2b cervical sprain.

In injuries of this type, you may feel pain on palpation and even have considerable swelling. In addition, there may be a rectification of the normal curvature of the cervical area.

Grade or Type III cervical sprain

In this grade of sprain there are already signs of neurological injury. The tissues of the neck have ruptured and separated as a result of extreme stretching or elongation. The movement of the neck is totally limited, given the intensity of the contracture, and in most cases the use of a neck brace is necessary.

In this case, the pain on palpation of the area is very acute and symptoms of neurological involvement appear, such as tingling, lack of strength in the limbs, numbness or loss of reflexes, among others.

Most frequent symptoms of cervical sprains

The most common symptoms that occur immediately or shortly after whiplash are:

• Severe pain in the neck and shoulders (cervicalgia).
• Stiffness and pain when moving the neck.
• Muscle contracture.
• Headaches or cephalea.
• Dizziness, vertigo or blurred vision.
• Confusion and disorientation
• Tingling and numbness in arms or legs.
• Sensitivity to noise.
• Insomnia, anxiety and difficulty concentrating.
• Tiredness or weakness.

Compensation according to the accident scale for cervical whiplash

When you suffer a cervical sprain, or whiplash, the compensation is calculated according to a scale that takes into account the type of injury suffered and its after-effects. In this document, this type of injury is considered "minor trauma to the spine".

Compensation for whiplash, according to the scale, is made up of several sections or items:

• The main one is the item for temporary injuries or health days. This corresponds to the period between the date of the accident and the last day of rehabilitation, not the day of discharge. During this period, moreover, the days are compensated differently:

• Days of very serious injury, in case of admission to the ICU.
• Days of serious injury. If there is hospital admission. 
• Days of moderate injury. When there is an incapacity to carry out daily activities.
• Days of basic injury. Those in which you can carry out your normal activity, but rehabilitation has not yet been completed.

• The amount for the physical, intellectual, aesthetic and sensory sequelae that persist once the rehabilitation period has ended, after discharge. This amount will have to be determined by a medical expert in damage assessment.
• The item for patrimonial loss, i.e., for the healthcare expenses incurred (consequential damage) and for the loss of earnings or income lost during the period of healing of the injuries.

How to claim compensation for whiplash: 72 hours to go to the doctor

If you have suffered whiplash, there are a number of steps to follow if you do not want to be left without compensation.

First of all, it is very important that you go to the hospital as soon as possible, within 72 hours after the accident, otherwise the insurer may say that the injury is not a consequence of the accident. So make sure you go to the doctor and keep all the documents they give you.

The next step is to report the claim to your insurer, you have one week to do so. Subsequently, they will call you to evaluate the material and physical damage of the accident, and they will indicate that you have to go to a specialist doctor. After this procedure, the insurer will make you a proposal of compensation with which you can agree or disagree.

The article of the schedule dealing with compensation for whiplash injuries

The section of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles that specifically affects victims of accidents with cervical sprain is article 135, which deals with "compensation for minor spinal injuries".

This article establishes four criteria to determine whether or not there is an entitlement to compensation:

• Exclusion. That there is no other circumstance that justifies the injury.
• Chronological. That the symptoms of the injury manifest themselves during the 72 hours following the accident.
• Topographical. There must be a relationship between the affected area of the body and the injury that justifies the pain.
• Intensity. That the hit to the vehicle is of sufficient severity to cause the injury.

Hence the importance of going to hospital as soon as possible, even if the discomfort is minor.

How much will compensation be paid for whiplash?

As we have already mentioned, compensation for whiplash is made up of several items. Therefore, the amount of compensation will vary depending on the type or degree of whiplash suffered, as this will influence the days of healing required, the recovery costs incurred and days off work, as well as the possible after-effects that may remain.

So in general, the compensation for whiplash can range between:

• Grade or type I sprain: 1.500- 3.000 €.
• Grade or type II sprain: €3,000- €6,000.
• Grade or type III sprain: €6,000-€10,000, depending on the evolution of the injury.

The landscape of road traffic accident compensation in Spain has undergone its most significant transformation in a decade. As of 2026, claimants are navigating a system redefined by Law 5/2025, which transposed European Directives and updated the classic 2015 "Baremo" (Scale) to better reflect modern mobility and economic realities.

Whether you are a driver, a pedestrian, or a user of personal mobility vehicles (VMPs), here is the essential guide to claiming traffic accident compensation under current Spanish law.

The 2026 Baremo Update: 2.7% Increase

Each year, the Spanish government adjusts the compensation amounts to prevent victims from losing purchasing power due to inflation. For 2026, the official update is an increase of 2.7% across all compensation tables.

This increase applies to the three main pillars of any claim:

• Death (Fallecimiento): Compensation for family members and dependents.
• Permanent Injuries (Secuelas): Physical or psychological damage that persists after medical treatment.
• Temporary Injuries (Lesiones Temporales): Compensation for the "healing days" from the date of the accident until medical discharge.

Daily Compensation Rates for 2026

If you are injured and undergoing treatment, your "healing days" are categorized by how much the injury affects your daily life. The 2026 rates are:

Pro Tip: In 2026, the definition of "Moderate" injury has been expanded. It now more explicitly includes the inability to perform specific personal development activities, not just professional work.

Major Legal Changes: Law 5/2025

The reform introduced by Law 5/2025 is a game-changer for several reasons:

• VMPs and Electric Scooters: As of January 2, 2026, personal mobility vehicles (electric scooters) are now classified as "light personal vehicles" and must have compulsory civil liability insurance. This ensures that victims of scooter accidents have a guaranteed path to compensation.
• Insurer Insolvency: A new safety net has been established. If an insurance company (even a foreign one operating in Spain) becomes insolvent, the Consorcio de Compensación de Seguros (Insurance Compensation Consortium) will now guarantee the payment of compensation to victims.
• Future Medical Expenses: The law now simplifies how future healthcare costs are handled, allowing for direct payments to mutual insurance companies for long-term recovery, ensuring the victim doesn't have to pay out-of-pocket for ongoing care.

Claiming Your Compensation: The Timeline

The process for claiming in 2026 remains highly structured. You must follow the "Out-of-Court" path before entering a courtroom:

• Medical Stabilization: You cannot calculate the final compensation until you have reached "medical stability" (when injuries have healed or reached a permanent state).
• The Pre-trial Claim (Reclamación Previa): You must send a formal claim to the insurer. They have three months to provide a “Motivated Offer.”
• Independent Assessment: If the offer is too low, Law 5/2025 encourages using independent medical experts or mediation rather than immediate litigation to speed up the process.

Why You Need an Independent Specialist

As we’ve discussed previously, the Right to Free Choice of Counsel (Article 76 of the Insurance Contract Law) is more vital than ever in 2026. With the complexity of the new Law 5/2025 and the updated Baremo, an insurance-appointed lawyer may prioritize a quick settlement over a legally precise one.

A private lawyer will ensure that the 2.7% inflation adjustment is applied correctly to every single day of your recovery and every point of your secuelas.

If you have a vehicle and you are driving it, you are exposed to the risk of suffering a traffic accident, which is why it is of vital importance how to act if you have suffered an accident and have sustained minor injuries. This type of accident accounts for the highest percentage of accidents on our roads.

Beforehand, we would like to inform you that you do not have the duty to bear the injuries you have suffered as a result of a traffic accident for which you are not responsible. You are therefore entitled to compensation to compensate for the personal injuries you have suffered.

Exchange of information between the parties involved

The first thing you should do when you have an accident with your vehicle, or are hit by a car, is to exchange personal details, vehicle registration numbers and insurance companies with the other party. This would be normal, but up to 4 cases can occur after a traffic accident.

That the parties involved agree

The parties involved agree on what has happened and share their version of events, and this is reflected in the accident report. This must be signed by both parties to be valid, and each party must keep a signed copy.

The parties involved do not agree

In this case, the most advisable thing to do is to call the police so that they can make a police report. The negative side of this situation is that the management of the claim may be delayed, as the insurers must agree on who was at fault.

If no friendly report is made and the police are not called in

If there is no friendly report or police report and there is no understanding between the parties involved, it is obligatory to exchange information so that each party involved reports the accident to their insurance company. 

If the other party involved does not provide us with the data

If the other party does not cooperate in providing us with the information, it is essential that we at least take note of the registration or plate number in order to be able to identify the owner of the vehicle and the insurance company.

In the event that the other party involved does not agree and does not want to provide their details, the correct thing to do is to take note of their number plate so that we can report the accident to the insurance company and identify the vehicle of the other party involved.

Medical assistance

Secondly, it is of vital importance that you receive first medical assistance in any medical centre, within a maximum period of 72 hours from the occurrence of the accident.

Inform the insurance company of the accident

Next, call your insurance company to report the accident, explaining the dynamics of the accident and indicating if there are any injuries. The Insurance Contract Law establishes a period of 7 days to make this notification.

Compensation if there are injuries

Finally, you should know that you have the right to receive free medical treatment to heal your injuries, as well as medical assistance from the corresponding doctor until you are definitively discharged. 

This can be carried out in various clinics of your choice, depending on the proximity to your home. 

Once your injuries are stabilised and you have been discharged, your injuries can be assessed and it is time to claim your compensation.