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.

A considerable number of road accidents occur every year, both in cities and on interurban roads, causing injuries of varying severity to their victims. In these cases, clarifying who is solely liable is key to claiming compensation for pedestrian, cyclist or animal injury.

But many times, people who are victims of a collision believe that they are the ones to blame for, so they do not claim any compensation. Therefore, below we explain in which cases and how you can claim compensation if you are hit by a car.

What to do if you suffer an accident (run-over incident)?

In any traffic accident, the most vulnerable party is the one who is most exposed, such as pedestrians or cyclists. So if you have been hit by a car, it is essential that you act quickly in the aftermath. This is the most important thing to do:

• Whether you can move or not, call 112. It is important to be seen by a doctor within 72 hours of the accident. Even if you think you have no injuries, they may appear hours or days later.
• To avoid further collisions or other types of accidents, it is advisable to mark the area until the ambulance and the police or Guardia Civil arrive. Ask for help to do this if you need it.
• In the event that the person responsible for the accident does not want to sign the friendly report or has fled:

• Collect as many details of the vehicle and its driver as possible.
• Keep the details of witnesses so that you can locate them if necessary.
• Call the police or Guardia Civil to draw up a police report.
• Be sure to give your version of events in your statement to the police or Guardia Civil, either at that moment or as soon as you can.

• Try to take photographs of the material damage suffered.
• Follow all the treatments, check-ups and medical protocols prescribed to you, and keep all the documents and reports you are given.
• Do not let the legal deadlines for claiming your compensation pass.

When can compensation be claimed in the event of a pedestrian being hit by a vehicle?

A person who has been hit by a car is always entitled to claim compensation in the following cases:

• If he or she was crossing correctly at a pedestrian crossing or when the traffic light was green for him or her.
• If the vehicle involved in the collision is a vehicle which has run away or does not have liability insurance. In these cases, the Insurance Compensation Consortium will pay compensation.
• Even if the pedestrian was not crossing in the right place, if the driver's conduct was not correct either.

In the latter case, there would be what is called "concurrence of fault", since both parties have contributed to the occurrence of the facts and, as a consequence, the injuries and damage caused. Therefore, the amount of compensation will depend on the degree of responsibility that the pedestrian has had in the accident.

On the other hand, a pedestrian is not entitled to claim compensation if he or she is solely responsible for the accident.

Calculation of damages for pedestrian collisions

Compensation for pedestrian collision is calculated in accordance with the provisions of Law 35/2015, of 22^nd September, which sets out the system for the valuation of damages caused in traffic accidents.

In general, this type of compensation takes into account:

• The days of recovery and rehabilitation required after the accident. The traffic accident scale differentiates between four types of days depending on the seriousness of the damage caused in each one of them.
• The after-effects or permanent disability. Once the rehabilitation treatment has been completed and the victim has been discharged from hospital, a specialist doctor draws up a report in which he assesses the physical, psychological or aesthetic after-effects of the accident, as well as the surgical interventions required and the victim's personal circumstances before and after the accident, using a points system.
• Economic damage. This item compensates the material damages suffered in the accident, the income that has been lost during the healing period and the additional expenses incurred as a result of the accident.

Why do you need an accident lawyer to claim compensation for an accident?

The most common type of collision is one in which the sole responsibility for the accident is unclear. That is why it is essential to be well advised by a specialist road traffic accident lawyer if you want to obtain compensation.

When a collision occurs, it is the insurer of the vehicle involved in the accident who must pay compensation. Therefore, they will try to blame the accident on negligence on the part of the pedestrian. If you have a lawyer specialised in accidents, he or she will help you to prove that you are not at fault, to calculate the fairest compensation and to meet all the deadlines and legal requirements established by the Law so that you do not miss out on your compensation.

 Collisions with cyclists

In recent years the use of bicycles has increased, both as a means of transport in the city and for sporting activities. As a consequence, there has also been an increase in the number of accidents involving cyclists, usually caused by carelessness or ignorance of the regulations on the part of both drivers and cyclists themselves.

In 2023, five out of every ten road deaths were pedestrians, cyclists or motorcyclists, according to the annual traffic balance of the Ministry of Interior and the National Department of Traffic (DGT). 

Lack of knowledge of regulations and accidents on cycle lanes

In general, there is a great lack of knowledge about the rules governing the coexistence of cyclists with pedestrians and other drivers, as well as the regulations governing the use of cycle lanes.

The regulation of cycling on cycle lanes is the responsibility of the local councils. However, in the event of any accident, the first thing to do is to refer to the provisions of the Traffic Regulations, then to the instructions of the DGT and, lastly, to the specific ordinance in force in each town council.

The existence of a cycle lane does not guarantee that accidents will not occur between bicycles and pedestrians, or between pedestrians and other vehicles. So in these cases, it is also very important to know the circumstances in which the accident occurred in order to determine who is responsible and whether the victim can claim compensation.

When can a cyclist claim compensation in the event of being hit by a car?

In cases where a cyclist is injured as a result of being hit by a car, he or she may claim compensation if:

• A motor vehicle is solely responsible for the accident, in which case the insurance company will be responsible for compensating the injured party.
• There is concurrence of fault, i.e. when the cyclist and the vehicle were both partly responsible for the accident. The cyclist can claim compensation in proportion to the percentage of fault.
• The accident has occurred where the cyclist has the right of way, such as a cycle lane.

If you are a cyclist, when are you at fault?

In the presence of cyclists, other drivers must drive more carefully, but cyclists, for their part, must respect the rules of the road. Therefore, a cyclist will be at fault for an accident, and therefore for the injuries and damage caused, in the following cases:

• If he/she does not respect traffic signs, traffic lights or pedestrian crossings.
• If there is no cycle lane and he rides on the carriageway, if he/she does not ride on the right or along the hard shoulder.
• When you do not clearly signal the direction of movement.
• If you do not use reflective elements or lights that make you visible, both day and night, to other drivers.
• When overtaking on the right.
• If you stand in the blind spots of the car and your driver cannot see you.
• When using a mobile phone or headphones with music while riding a bicycle.
• When you do not respect the maximum speed limit.
• If you are under the influence of alcohol or drugs.

Is it compulsory for a cyclist to have insurance?

It has often been said that the DGT intends to make it compulsory for cyclists to have insurance and a driving licence. However, although this may be logical, there is currently no regulation that obliges them to do so.

Nevertheless, if you are a cyclist, it is highly recommended that you have an insurance policy that covers, as a minimum, civil liability for third parties. So that in the event of an accident with a pedestrian, another cyclist or a motor vehicle, the insurance company will cover the physical and material damage caused, just as it does with other vehicles.

Calculation of compensation for bicycle accidents

As in any other accident, the calculation of compensation for a bicycle accident is based on the traffic accident scale, which establishes a system for assessing the damages suffered in an accident. This system includes the amounts to be paid in the event of compensation for temporary disability, death or permanent sequelae.

In each of these cases, different items are distinguished according to the type of damage or harm suffered:

• Period of temporary incapacity. During the days from the bicycle accident until the medical discharge, an amount is assigned according to the damage caused each of these days: very serious, serious, moderate or basic.
• After-effects or permanent disability. The amount will vary according to the points assigned to each of the sequelae, both functional and aesthetic, suffered by the cyclist after completion of the rehabilitation treatment and discharge.
• Economic loss. This is compensation for the material damage suffered, the extra costs incurred and the income foregone following the cycling accident.

However, in cycling accidents, as cyclists do not have insurance, in order to prove the material damage suffered in the accident, an expert appraisal of the damaged bicycle and equipment must be carried out.

Expert opinion

In the event that the cyclist has suffered damage to his or her bicycle, equipment or personal belongings as a result of the accident, he or she may claim compensation from the insurer of the vehicle responsible for the repair or replacement of the same. In order to do this, an appraisal or expert's report must be carried out to serve as documentary proof of the economic value of the damage caused by the accident.

Having a report drawn up by a bicycle specialist will help the injured party to obtain fair compensation from the insurer and also in the event that a legal claim has to be filed.

Most frequent injuries

The most common injuries that a cyclist can suffer after a cycling accident and for which compensation can be claimed are as follows:

• Injuries to the neck area such as: herniated or fractured discs, tendon damage or pinched nerves.
• Fractures of the wrist, arm, leg, hip or collarbone, as well as dislocation of the jaw, fingers, shoulder, hip or knee.
• Contusions or bruises.
• Severe lacerations.
• Nerve injuries or paralysis.
• Traumatic brain injuries.

As a means of transport in the city, motorbikes offer many advantages over cars. However, motorcyclists are more vulnerable in the event of a traffic accident because they are very exposed and injuries can be quite serious. In addition to this, claiming compensation for a motorbike or moped accident is more complex.   

If you have suffered a traffic accident on a motorbike, we will tell you what your rights are in case you want to claim compensation.

In what cases can you claim compensation for a motorbike accident? 

Provided that the traffic accident was caused by the fault of another driver, the motorcyclist can claim compensation for the temporary injuries, after-effects and material damage caused by the accident.

On the other hand, if at the time of the accident you were travelling as a passenger, you are entitled to claim compensation regardless of whether the driver was responsible for the accident.

In any case, it will be the insurance company of the responsible party who will pay the financial compensation. 

Motorbike accident compensation 

In motorbike accidents, compensation is calculated according to the system of valuation of damages caused in traffic accidents established by Law 35/2015, of 22^nd September.

Therefore, the driver of the motorbike and his passenger, if there is one, can claim for the physical and patrimonial injury they have suffered, which we will explain in detail below. 

Compensation for temporary injuries 

Temporary incapacity or temporary injuries are those that prevent you from carrying out your normal day-to-day activities. This type of compensation is intended to compensate the injured party during the period of time from the motorbike accident until the injuries are healed or stabilised. 

The items that are included in a compensation for temporary injuries are:

• Damage for days of affection.
• Damage due to surgical intervention.
• The patrimonial injury or damage.

Regarding the damage per days, depending on the degree to which the injuries affect the ordinary life of the injured party, four types of days are distinguished.

Days of very serious personal damage

These are days in which the victim lacks autonomy to carry out the normal activities of daily life. An example would be an admission to the ICU.

Days of serious personal damage 

These are days in which the injuries prevent the person from carrying out most of the essential activities of his or her life, such as when the person is admitted to hospital.

Days of moderate personal damage 

These usually correspond to the days when the injured person is on sick leave, as he/she is unable to attend to his/her professional activities.

Days of basic personal damage

These are the remaining days that elapse from the time the victim resumes his/her professional activity until the end of the rehabilitation treatment or medical discharge. In other words, all those days that cannot be classified in the previous sections.

Compensation for sequelae or aftereffects 

A sequel or permanent incapacity is understood to be those damages that persist as a consequence of an injury once the healing or rehabilitation treatment has been completed. 

The after-effects are assessed using a points system or medical scale where a range of points is established, with a minimum and a maximum, and the after-effects are assessed depending on their intensity. This quantification must be done by a doctor who is an expert in the valuation of the injury. 

In a compensation for after-effects, the following can be claimed:

• The basic personal damage.
• Particular personal damage.
• The patrimonial loss due to loss of earnings and/or consequential damage.

In the item destined to compensate the basic personal damage, two types of after-effects are distinguished whose sum will give the total amount to be claimed for this concept. 

They are the following:

Functional after-effects 

These are the after-effects that affect the functions performed by the organs, tissues, apparatus or systems of the human body. For example, hearing loss or limitation of ankle flexion. 

In the assessment of functional sequelae, these three rules apply:

• Concurrent sequelae. When two or more functional sequelae occur as a result of the same accident.
• Inter-aggravatory sequelae. If several limbs with identical function are affected.
• Aggravating sequelae of the previous condition. In the event that the after-effects aggravate a pathology suffered by the victim before the accident.

Aesthetic after-effects

This item compensates the injured party for all the after-effects that affect his image as a consequence of the accident and that are impossible to correct. 

Here we take into account both the static dimension, scars, abrasions, etc., and the dynamic dimension, as sometimes these types of after-effects also involve a functional impairment, such as the amputation of a limb.

The aesthetic damage, as well as the functional damage, is assessed on the basis of a specific scale that takes into account various factors such as the degree of visibility or the effect on the interpersonal relationships of the affected person, among others. 

In addition, this section also takes into account whether plastic surgery has to be carried out.

Compensation for patrimonial loss

In a pratrimonial damage compensation, the cost of repairing the damage to the vehicle and everything that the driver has with him, both equipment and personal belongings, will be compensated. 

In order to obtain compensation for damage to the motorbike, a repair estimate must be provided and, in the case of objects, the bills for the purchase of new ones that are similar to the previous ones. 

In addition, other economic damages are also compensated under this heading, such as loss of earnings, i.e. the income that is no longer received after the accident, or consequential damages, which are the additional expenses incurred as a result of the accident.

Example of compensation for a motorbike accident 

Here is an example of the compensation received by a motorcyclist in 2019 after an accident. Please note that the schedule is updated every year, so the amount may vary at present.

While riding his motorbike, A. L. was knocked to the ground by a car that ran a yield sign. As a result of the fall, A. L. suffered a series of injuries for which he received the following compensation: 

• Moderate personal damage (days off work): 58 days x 52 €/day = 3,016 €.
• Basic personal damage (remaining days until the end of rehabilitation): 35 x 30 €/day = 1,050 €.
• After-effects: 
  • Post-traumatic cervical syndrome = 4 points
  • Pain in right shoulder and limitation in abduction and elevation = 9 points
• Patrimonial damage (glasses and helmet damaged in the accident) = 400 €.

The total amount of compensation was 18.299,13 €.

How long does it take to receive the compensation for a motorbike accident? 

Generally, the time it takes for the victim of a motorbike accident to receive compensation depends on the time needed to recover from the injuries or at least to stabilise them. 

Once you are medically discharged, a specialist doctor will then have to assess the damage suffered and any possible after-effects. With this information, you will be able to calculate the compensation you are entitled to and claim it. The deadline for submitting this claim is one year from the stabilisation of the injuries.

If the responsibility for the accident is clear, the negotiation with the insurer does not usually take long. Therefore, if there is agreement with the offer received, the injured party can receive his compensation between 30 and 60 days after receiving the medical discharge. 

However, if legal proceedings are necessary, it is best not to rush. The collection of the compensation will depend on the agility with which the court processes the claim and if the insurer tries to reach an out-of-court settlement.

Main problems in motorbike accidents

The most common problems in motorbike accidents are as follows:

• In most cases, the motorcyclist has to face a presumption of guilt. For this reason, it is very important to collect evidence that clarifies the responsibility for the accident and the damages suffered. 
• Sometimes, due to the seriousness of the injuries, the motorcyclist is taken to hospital before a statement can be taken or a friendly report signed. It is therefore important to contact the police as soon as possible to do so.
• When it comes to compensating the material damage suffered by the motorist, insurers usually take into account the depreciation of the objects due to their age and use. Therefore, it is always advisable to keep the purchase invoices of at least the equipment. 
• When the cause of the accident is a hit-and-run accident, the Insurance Compensation Consortium is responsible for the compensation, but does not take responsibility for the damage to property. In this case, it is essential to have the police report or witnesses.

Advice if you have suffered a motorbike accident

At the time of the accident it is normal to be nervous and not know what to do. For this reason, we give you these tips so that if you have a motorbike accident, you will know what to do: 

Even if you are conscious and can move, don't do it, and if the motorbike has fallen on you, call for help. Injuries can be more serious than they appear and sudden movements can cause more serious damage.

Call 112 and ask for an ambulance and the intervention of the police or Guardia Civil if you are unable to look after yourself. 

If the person at fault is willing to admit fault and you are well, complete and sign the accident report. If not, call the police or the Guardia Civil so that they can draw up a report. 

On the other hand, if the vehicle responsible has fled, try to identify it with the help of witnesses or other means. If this is not possible, the Insurance Compensation Consortium will be responsible for compensation.

In the event that the accident is not the result of an impact, look for witnesses to what happened to clarify the culpability in the accident. 

Injuries often appear within hours of the accident, so go to the hospital as soon as possible, within 72 hours, to get a medical diagnosis. 

Contact your insurance company to report that you have been involved in a motorbike accident. You have 7 days after the accident.

If you are going to claim compensation for the injuries and damages suffered, hire a lawyer specialised in traffic accidents, such as those at Traflex. They will advise you and help you through the process and get you fair compensation for your injuries.

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.

Last December, Congress passed the modification of the Traffic Law that will come into force on 21^st March 2022.

The approved reform revises the penalties applied since 2015 for offences that result in a loss of points on the driving licence and toughens some of the fines provided for. In addition, it establishes a single two-year period for recovering lost points and it is also committed to providing driving courses to raise drivers' awareness of the importance of road safety.

Here we tell you how the new Traffic Law comes into force and what changes will take effect from next March.

It entries into force on 21^st March 2022

The reform of the Traffic Law was approved on 3^rd December 2021 and published in the Spanish Official Gazette (BOE) on 21^st December. In the text it was mentioned that the new traffic regulation comes into force three months after its official publication, therefore, the new sanctions will start to be applied on 21^st March 2022.

However, you should know that there are some modifications that are already being applied since December.

What changes with the new traffic law

One of the most important changes introduced by the amendment to the Traffic Act is the ban on cars and motorbikes overtaking on conventional roads if the speed limit on the road has to be exceeded. In other words, it is no longer permitted to exceed the speed limit by up to 20 km/h in order to overtake.

In addition, with the aim of improving road safety and protecting the most vulnerable groups, the new law establishes that on roads with more than one lane in each direction it is compulsory to change lanes to overtake cyclists and mopeds.

Likewise, passenger transport vehicles registered from July onwards will have to compulsorily incorporate an anti-starting breathalyser. In addition, transport and goods companies will be able to access a register of professional drivers to check whether their employees have a valid driving licence.

Increased loss of points for existing offences

As far as penalties are concerned, the changes that stand out the most in this reform of the Traffic Law have to do with the increase in the loss of points for some offences that were already punishable.

Some of the offences that will cost drivers more points from March are:

• Holding and/or using mobile devices while driving, from being penalised with 3 points less to 6, plus a fine of 200 €.
• Not wearing seat belts, child restraint systems, helmets and other mandatory protective equipment, which will no longer be 3 but 4 points less and a financial penalty of €200.
• Throwing objects from the vehicle that could cause accidents or fires, which increases from 4 to 6 points.
• Overtaking cyclists without maintaining the mandatory minimum separation, hindering or endangering their lives, will result in a loss of 6 points and not 4 as before.

Two years without breaking the law in order to recover 12 points

Another of the new features introduced by the reform is that the period of time that will have to elapse to recover driving licence points is two years, as long as no offences are committed during this time.

Until now, this period varied according to the seriousness of the offence that led to the loss of points.

Recovery of 2 points with DGT courses

On the other hand, the new law provides that up to two points can be recovered if the sanctioned driver attends safe and efficient driving courses given by the Spanish Driver and Vehicle Licensing Agency (DGT). The requirements and conditions to be met in order to attend these courses will be established through a Ministerial Order.

In addition, attendance at these awareness and sensitisation courses will also be taken into account as complementary training to pass the driving licence.

Point penalties will be as follows

The offences that will also be punished with a loss of points, according to the recently approved reform of the Traffic Act, are as follows:

• Driving with the presence of drugs in the organism or a rate of alcohol greater than 0.50 mg/l in exhaled air in general and 0.30 mg/l in the case of professional drivers and with less than two years of seniority, will be punished with 6 fewer points.
• Using or possessing technology to inhibit radars. This is considered a very serious offence and will be penalised with 6 points off the driving licence.
• Not respecting the right of way at a give way sign and not stopping at a stop sign or red traffic light will be penalised with 4 points less.
• Carrying a mobile phone between the helmet and the driver's head will result in a 3 points deduction.

One of the questions being asked by many people and workers who have to go to work during the state of alert due to the Coronavirus is how to travel by car during the state of alert, and the repercussions of this situation on the traffic of vehicles on the roads.  As an introduction, we must start with the fact that the circulation of private vehicles is permitted, but it is limited to the activities listed in article 7 of RD 463/2020 of 14 March, which allows people to leave their homes.

In other words, we will be able to travel by car during the state of alarm only to:

• Purchase food or pharmaceutical products and basic necessities
• Go to health centres, services and establishments
• Travelling to the place of work
• Return to the place of habitual residence
• Caring for the elderly, underage and disabled people
• Travelling to financial and insurance institutions
• Due to force majeure or a situation of necessity

Can two people travel in the same car during quarantine?

To answer this question, we must also refer to the aforementioned article 7 of the RD. From its reading, we can see that, in the event that we have to travel by car during the state of alarm, we must do so individually, unless we are accompanying an elderly person, a disabled person or an underage.

What do I need to do to be able to drive without being fined?

The law does not determine how we must prove that our departure from the house is within the limits allowed by the RD, nor does it require us to carry a receipt from the company when we travel to our place of work.

The State Security Forces and Corps that enforce compliance with the RD on the streets, will be in the specific case, using common sense, and being protected by the law to carry out the appropriate questions and checks to verify the reason for the journey.

It is true that the checks will be quicker if we have a supporting document when we travel, for example, to our workplace. Here you will find a form for all of us to use.

Certificate of the need to travel for work purposes

Below you can download a standard certificate of need to travel for work in PDF format, in case you need to use it as proof of your commute to work.

Does the insurance cover me during a state of alarm?

Yes, the insurance covers you when you have to travel by car during a state of alarm. This is no different from driving under normal conditions.

Is it possible to hire a car to travel during the state of emergency?

Yes, according to the Ministerial Order of 23 March, since 24 March, the opening of car rental offices without a driver is permitted, and therefore the rental of vehicles, as long as the purpose is one of the journeys permitted in article 7 of Royal Decree 463/2020, of 14 March.

All those who suffer an accident during the current State of Alarm will wonder what will happen to them in the event that they have to go to hospital or receive rehabilitation due to the accident, we inform you about what to do in the event of a traffic accident.

Can I go to the emergency room if I have had a traffic accident?

During the State of Alarm decreed to stop the Coronavirus, citizens are committed to collaboration and solidarity with the entire population, aimed at avoiding any action on our part that could lead to a minimum of contagion. Likewise, our commitment extends to avoiding going to the emergency room, to avoid further collapse of the health service, unless we are facing a serious situation.

In other words, if we suffer an accident during the state of alarm, and it results in a serious injury, we will inevitably have to go to the doctor, but if we are dealing with whiplash we should avoid it.

However, this does not mean that we cannot claim compensation for our injuries. However, we have to safeguard the chronological criterion of 72 hours, to avoid the insurance company denying the existence of a causal relationship between the accident and the injury.

To do this, we turn firstly to article 135 of Law 35/2015 on the assessment of damages caused to persons in traffic accidents, which establishes that, in order to safeguard the chronological criterion, within 72 hours after the accident, either the symptoms must manifest themselves or the injured person must receive medical attention.

In this sense, as we have pointed out that during the State of Alarm we should not go to the emergency room for a minor injury, we opt for the other alternative.

Therefore, we will have to prove that the symptoms of the injury have appeared within 72 hours after the accident. To do this, here are some ideas, such as going to the pharmacy within 72 hours and, after telling the specialised staff about your situation, buying the recommended mediation and keeping the purchase invoice.

Request, within 72 hours, a medical recommendation by e-mail to a doctor to whom we have access and follow his or her recommendations and prescriptions. Always filing the exchanged e-mails, make use, also within 72 hours, of the APP SALUD RESPONDE of the Junta de Andalucía, where after inserting our Social Security number, we will have access to an internal messaging service to make queries, and where any management is recorded.

Will I receive rehabilitation treatment during confinement?

In accidents during the State of Alarm, injured persons will receive rehabilitation treatment.

This will be done online or by phone, and will be carried out by a physiotherapist or rehabilitator, with continuous medical follow-up by the assigned traumatologist.

Trafilex partner clinics

Trafilex also has a network of clinics strategically located in order to provide a quality service and offer the greatest comfort to the injured person for accidents during the Alarm State.

The clinics associated with Trafilex are:

Clínica La Victoria, in Málaga.

CUME Clinic, in Benálmadena.

Hospital Boris, in Fuengirola.

Ceram Hospital, in Marbella

Trafilex helps you with your accident during the state of alarm.

Trafilex takes care of all the formalities of the accident during the state of alarm, from the moment of its occurrence until the final collection of the compensation. The State of Alarm is not an obstacle to the normal processing of the case or its successful completion.

This post is given on the occasion of Covid 19 and the State of Alarm decreed in Spain on 14 March by RD 463/2020, in relation to traffic accidents that occurred during this period. 

Accidents occurring during the State of Alarm due to Covid 19

Mainly to answer the question that arises for everyone at this time: should the insurance company be liable for claims occurring during the State of Alarm? 

Well, the answer is yes, loud and clear. Compulsory motor insurance will cover all damages caused to third parties as a result of traffic accidents occurring during the period of the State of Alarm, under the protection of the direct action against the insurer, contained in art. 76 of the Insurance Contract Law (regardless of the administrative sanctions that may result from non-compliance with the limitations on the freedom of public use of the streets that the RD itself limits).

"Article 76

The injured party or his/her/their heirs will have direct action against the insurer to demand the fulfilment of the obligation to compensate, without prejudice to the right of the insurer to repeat against the insured person, in the event that it is due to fraudulent conduct of the latter, the damage or harm caused to a third party. (...)".

Based on this premise, that the injured party will ALWAYS be covered by the company that insures the vehicle responsible for the claim, and analysing the content of the aforementioned article 76, the second question arises, can the insurer reimburse the insured party for the amounts paid to the injured third party as a consequence of an accident that occurred during the State of Alarm?

To do so, we must go to Article 10 of the Royal Legislative Decree 8/2004, of 29th October, which approves the revised text of the Law on civil liability and insurance in the circulation of motor vehicles (LRCSCVM), 

"Article 10 Power of recourse

The insurer, once the payment of the compensation has been made, may recourse: 

a. Against the driver, the owner of the causal vehicle and the insured person, if the damage caused was due to the fraudulent conduct of any of them or to driving under the influence of alcoholic beverages or toxic drugs, narcotics or psychotropic substances.

b. Against the third party responsible for the damage.

c. Against the policy holder or insured person, for the causes foreseen in the Law 50/1980, of the 8th of October, of Insurance Contracts, and, in accordance with that foreseen in the contract, in the event of driving the vehicle by someone who does not have a driving licence.

d. In any other case in which such repetition or recourse may also be applicable in accordance with the law".

However, Law 21/2007, of 11 July, which amends the revised text of the Law on civil liability and insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/2004, of 29 October, and the revised text of the Law on the regulation and supervision of private insurance, approved by Royal Legislative Decree 6/2004, of 29 October, introduces the following objection: 

 "with the objective of reinforcing the character of patrimonial protection for the policy holder or insured person, the possibilities of recourse or repetition by the insurer against them are limited to the causes foreseen in the Law, with the elimination of the possibility of the insurer repeating against the policy holder or insured person for causes foreseen in the contract".

Of interesting mention, as it deals with a particularly common case in practice, is the Supreme Court Judgement of 20 November 2014, which declares null and void the existing clause in a car insurance contract which does not provide cover in the event that the vehicle is driven by someone under 26 years of age, not declared in the policy.

Conclusion on accidents occurring during the State of Alarm

In conclusion, based on our legislation and jurisprudence, accidents that take place during the State of Alarm, the insurers' right of recovery is reserved for those cases contained in the law and which are specified as, driving under the influence of alcoholic drinks or drugs and/or fraudulent driving, therefore, the exercise of the right of recovery of art. 10 LCS in cases of State of Alarm is not applicable.