Whiplash—or latigazo cervical in Spanish—is the most common injury in Spanish traffic accidents. For years, insurance companies have tried to minimize these claims, labeling them "minor" or "hard to prove."

However, in 2026, the legal landscape in Spain has shifted. With the full implementation of Law 5/2025 and the updated 2026 Baremo (Scale), victims of whiplash in traffic accident have clearer protections—but also stricter requirements to prove their injury. If you’ve suffered a neck injury this year, here is what you need to know to get fair compensation.

The 2026 Compensation Rates

In 2026, all compensation amounts in Spain have been adjusted upward by 2.7% to match inflation. When claiming for whiplash, your compensation is divided into two parts: Temporary Injuries (the healing process) and Secuelas (permanent damage).

Daily Rates for Recovery (2026)

Moderate Loss of Quality of Life: 67,82 € per day. This applies if you are on medical leave (baja laboral) or if the pain prevents you from performing your usual activities (sports, hobbies, etc.).

Basic Loss of Quality of Life: 39,13 € per day. This applies to days when you are still in treatment or physiotherapy but are able to work or carry out your normal routine.

Example: A typical recovery of 60 days (30 days on "baja" and 30 days of basic recovery) would result in a base compensation of approximately 3,208 €, plus medical expenses.

The "Permanent Sequel" 

One of the biggest changes in recent years is how the "points" for permanent pain are valued. If, after finishing physiotherapy, you still have limited movement or chronic pain, you may be awarded 1 to 5 points for cervicalgia.

In 2026, the value of these points depends on your age. For a 40-year-old, a single point of secuela is worth roughly 1,000 € to 1,200 €. An independent medical report is vital here, as insurance doctors will almost always claim you have "zero points" of permanent damage.

The 72-Hour Rule: A Non-Negotiable Requirement

Under Spanish law, to claim for whiplash, you must fulfill the "Criteria of Chronological Causality." This means you must visit a hospital or emergency room within 72 hours of the accident.

If you wait 4 or 5 days because "you thought the pain would go away," the insurance company will legally deny your claim, arguing that the injury could have happened elsewhere.

What Law 5/2025 Means for Whiplash Victims

The recent reform of the Ley de Responsabilidad Civil y Seguro (Law 5/2025) has introduced two key changes for 2026:

• Objective Evidence: Insurers are now more strictly required to accept medical evidence from private clinics, not just their own "suggested" centers.
• VMP Protection: If you were on an electric scooter (VMP) and suffered whiplash after being hit by a car, you are now covered under the same mandatory insurance framework as any other motor vehicle.

Why the "Company Lawyer" is Often a Mistake for Whiplash

Because whiplash is "invisible" (it doesn't show up on a standard X-ray), it requires a proactive legal strategy.

Insurance-appointed lawyers often accept a "standard" offer of 1,500 € to 2,000 € just to close the file. A private specialist lawyer will:

Send you to an independent medical expert (perito médico) who will properly measure your loss of mobility.

Ensure your physiotherapy sessions are fully paid for by the insurer.

Apply the 2.7% 2026 update to every single day of your claim.

Whiplash in 2026 is not a "minor" claim

Whiplash in 2026 is not a "minor" claim—it is a legal right to be restored to the state you were in before the accident. With daily rates now at nearly 68 € for those on leave, and a legal system that increasingly protects the victim's choice of counsel, there is no reason to settle for the first offer your insurance company sends you.

Many people are unaware of what a reasoned offer for a road traffic accident is until they are forced to initiate a claim for compensation. The term is relatively new, it was first included in the 2016 schedule of awards and was conceived as a way to try to settle out of court disputes between parties involved in a road traffic accident.

If you are one of those who have never heard of it, we have prepared this guide so that you know what a reasoned offer consists of, what requirements it must meet and what options the victim of an accident has after receiving one.

What is a reasoned offer? 

A reasoned offer is a formal document drawn up by the insurance company after receiving a claim for compensation for a traffic accident. In this document, the company acknowledges the facts and the responsibility of its insured, and at its discretion, makes an economic proposal to the victim as compensation for the injuries and damages suffered in the accident. 

This offer, as its name indicates, must be motivated. That is to say, the insurance company must explain why it offers such an amount and justify it by means of medical reports and data. If this is not the case, the offer will not be considered valid. 

After receipt, of course, the injured party will have to evaluate the offer. 

Requirements according to Article 7 LRCSCVM 

According to article 7 of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles, a reasoned offer must meet a number of requirements: 

• Present an economic proposal to the victim for the damages suffered as a result of the accident, which is in accordance with the criteria set out in the accident scale of Law 35/2015, of 22^nd September.
• In the event that there is concurrence of fault, the offer must indicate the percentage of the compensation that the insurer assumes.
• Detail and break down which documents, reports or data are available to be able to assess the injuries and damages of the claimant. In addition, you should indicate on which ones you have based the calculation of the economic proposal presented. 
• Include the latest version of the medical report that describes the extent of the injuries sustained in the accident, how many days it took to heal, whether there are any after-effects, etc. 
• If both personal injury and property damage have occurred, the offer should assess them separately and present the amount of compensation for one case and for the other.
• It should state that acceptance of the offer by the injured party does not mean that he waives the right to take legal action in the future.
• Indicate the form of payment of the compensation, which may be in cash or any other means that guarantees the immediate availability of the amount.

Medical report 

Medical reports are essential for the victim of a traffic accident to receive fair compensation, as they serve as a basis for calculating the amounts that correspond to each of the items of which compensation is made up. 

For this reason, it is obligatory for the insurance company to accompany the reasoned offer with a medical report that justifies the quantification of the temporary injuries, the after-effects and the pecuniary damage that has been caused. However, the medical report is not always attached, since if the claim coincides with the amount offered, it is understood that the medical documentation provided by the injured party is sufficient. 

Deadline insurance company 

As soon as a claim for compensation is filed with an insurer, the insurer has a period of three months from that date to submit a reasoned offer to the claimant. 

Even if the victim of the traffic accident does not file a claim, from the moment the insurance company becomes aware of the existence of a claim, the law obliges it to assume the compensation that may correspond. Therefore, it must monitor the facts until the injured party is medically discharged.

The injured party has one year to be able to claim compensation, counting from the stabilisation of the injuries or medical discharge. 

Reasoned offer out of time 

If the insurer does not submit a reasoned offer within three months after receipt of the claim and there are no reasons for the delay, then the insurer is in "default". This means that in addition to the compensation of the damages due to the victim of the traffic accident, interest for late payment will have to be added to this amount. 

Difference between a reasoned offer and a reasoned reply 

When an insurer receives a claim for compensation for a traffic accident, the claimant may receive two types of reply: a reasoned offer or a reasoned reply. 

The main difference is that the reasoned offer contains a proposal for compensation to settle the dispute between the parties involved in a claim and the reasoned reply is a statement of reasons why a reasoned offer cannot be made, either temporarily or permanently.

Like the reasoned offer, the reasoned reply also has to meet a number of requirements:

• If the reason is that the insurance company needs more time because it is complex to determine the amount of compensation or because the injured person is still undergoing rehabilitation, then the reasoned reply must include a commitment to submit a reasoned offer as soon as possible. In addition, the insurer is obliged to report every two months on the status of the file.
• If the reason is that it denies the responsibility of its insured for the claim or anything else in order not to pay compensation, the company's reasoned reply will make it clear that it refuses to meet the claim for compensation definitively.

Sometimes, in cases where the healing period of the injured party is undetermined, given the seriousness of his injuries, insurers use the reasoned reply to make a partial offer of compensation to the victim. In this way they avoid interest for late payment on those sums already advanced.

Am I obliged to accept the reasoned offer made by the insurance company?

A victim of a traffic accident is under no circumstances obliged to accept the reasoned offer made by the insurance company.

Once the claimant of the compensation receives the reasoned offer, he/she must thoroughly review whether the financial compensation is in accordance with the traffic accident scale, according to the injuries and after-effects suffered. It is advisable that this review is done with the help of a lawyer specialised in the matter.

If the interested party finally decides not to accept the offer proposed by the insurer, then there are two possible ways to continue with the claim for compensation, which are the following:

Appraisal report to the Institute of Legal Medicine 

There is the possibility of requesting a valuation report from the Institute of Legal Medicine and Forensic Sciences.

In this report, the forensic doctor will determine whether there is a link between the victim's injuries and what happened in the accident. To do so, he/she will take into account the injuries sustained, the diagnostic tests carried out and the time required for recovery or rehabilitation. It will also indicate whether there are any functional, psychological or aesthetic after-effects and will make an assessment of these in order to establish the compensation that the injured party should receive. 

It is important for you to know that this report:

• This can be requested by the injured party or by the insurer in agreement with the injured party. If it is the company that wants to make the request, it must have the claimant's authorisation and have previously submitted a reasoned offer. 
• There is no cost for the victim.
• The doctor who will carry out the report is impartial and independent of both the company and the injured party.

The request for a forensic report obliges the insurer to submit a second reasoned offer within one month of the report being issued. 

Legal action against the insurance company of the vehicle responsible for the accident

Once the deadline for submitting a reasoned offer has expired or if after having received it, there is no agreement on the part of the injured party, he can directly file a lawsuit against the insurance company of the vehicle responsible and/or against its driver.

In order to initiate legal action, it is essential to have the following documentation:

• The claim filed with the insurer.
• The reasoned offer received, if applicable.
• A medical report from a private expert who can attend the trial to ratify if necessary.

As opposed to the option of requesting a forensic report from the Institute of Legal Medicine, the judicial route will involve a financial cost for the claimant, as he/she will have to pay the fees of the expert who carries out the report and of the solicitor, if the amount claimed exceeds €2,000. In addition, there is a risk of being ordered to pay costs and having to pay the other party's legal costs as well. Therefore, if you want to be sure that you make the best decision, always rely on the advice of expert traffic accident compensation lawyers, such as those at Trafilex.

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.

After suffering a traffic accident, material damage may have been caused in the collision between several vehicles. In this article we are going to study how to claim for material damage in a traffic accident, and everything related to this damage, which does not involve physical or personal harm, but which can cause considerable economic damage.

Damage caused by a traffic accident considered as material damage

What are considered as material damages derived from a traffic accident? 

Damage sustained by our vehicle and its accessories when it suffers damage as a result of a traffic accident. 

Deadline for claiming material damage in a traffic accident

To claim for material damages in a traffic accident, there is a period of one year of prescription before the responsible company, whose dies a quo is the day after the date of the occurrence of the accident. 

Deadline for reporting to the insurance company

The first thing to do when you have had a traffic accident is to report it to the insurance company, in order to be able to subsequently file a claim for material damages, if applicable. 

According to the Insurance Contract Law, the insured has seven days to notify the insurance company of the occurrence of the accident.

Assessment of material damage in a traffic accident

It is a simple and quick procedure. Normally, once the insurance company has been notified of the claim, the company's expert will contact the insurer to set a date, time and workshop where the expert appraisal will be carried out, and finally the vehicle will be repaired. 

The insured person has the right to choose the garage where the vehicle will be repaired.

It is advisable that while the expert report the damage, you are present to ensure that the expert includes in his report each and every one of the damages caused by the accident, and does not leave any of them out of the report, as once it is closed, it is practically impossible to get the company to reopen it. 

What is the owner of the vehicle involved in the accident entitled to?

When a vehicle has been damaged in a traffic accident, and you wish to claim for material damages, there are two possible situations: 

The vehicle is damaged and the cost of repair does not exceed the market value of the vehicle

We are entitled to have the vehicle repaired and restored to the condition it was in before the accident.

The vehicle is damaged and the cost of repair exceeds the market value of the vehicle

In other words, the vehicle is declared a loss. In this case, we are entitled to be paid the market value of the vehicle, which is the sale value of the vehicle on the used car market. 

In addition, however, it is also possible to claim the so-called affection value, which compensates the attachment to the lost vehicle, if any, and which can be up to 50% more than the market value. 

Who pays for material damage in a traffic accident?

There is an agreement between companies for the repair of material damage resulting from traffic accidents, commonly known as CICOS (Centro Informático de Compensación de Siniestros).

By application of the CICOS Agreement, in practice, the company of the innocent vehicle will be in charge of everything related to the material damage to the vehicle, assuming also the payment of these, always after acceptance of responsibility by the company of the vehicle causing the accident, which will pay a compensation module pre-established for this purpose through the Agreement.

When we have a traffic accident, in which we have suffered material or physical damage, we automatically think about how to claim compensation for the damage caused. At this point, the following dilemma always arises:

Is it better to go to a private lawyer or do I stick with the insurance company's lawyer?

In the following post we will analyse the advantages and disadvantages of choosing a private lawyer or an insurance lawyer after a traffic accident.

The decision to claim compensation is not an easy one, so with this article you can at least make an informed decision.

Private lawyer or insurance lawyer?

First and foremost, the insurance lawyer or private lawyer are professional specialised in traffic accidents. However, we must take into account certain fundamental differences that can either be detrimental or beneficial to us when it comes to requesting our claim.

These fundamental aspects are the cost of the service offered by each professional and the quality of the service.

Depending on the cost, is a private lawyer or an insurance lawyer better?

With regard to the cost of the service, it should be taken into account that the insurance lawyer is totally free, as the expenses generated are paid by the insurance company.

On the other hand, the private lawyer will also be free of charge, since his fees will generally correspond to a percentage of the compensation obtained in the trial.

However, the latter has the guarantee that these fees are recovered by way of legal defence through the insurance policy itself. 

The insurance company has a financial item reserved to pay the fees of a private lawyer, if this is the option chosen.

These two services are free of charge, but it should not be overlooked that the insurance lawyer will charge his or her fees according to a pre-established scale, which is not too generous and independent of the amount of compensation received. In other words, the insurance lawyer's fees do not depend on whether or not the compensation is paid, so it is normal to think that they do not have a strong interest in obtaining compensation during the trial. 

On the other hand, a private lawyer will charge a percentage of the compensation, so the higher the compensation, the higher his or her fees will be, which will be paid when and if the compensation is obtained.

In addition, these fees will later be reimbursed by the insurance company, due to the legal defence cover. 

Depending on the quality of the service, is a private lawyer or an insurance lawyer better?

Another important aspect to take into account is the quality of the service offered by a private lawyer or by the insurance company.

The first thing to bear in mind is that both professionals are specialists and have extensive experience in the sector. 

On this basis, it is important to know that the insurance lawyer is not our own lawyer, but that of the insurance company, in fact, it is most likely that, during the whole processing of the case, we will never meet him personally. 

Therefore, it will not be possible to establish a relationship of trust and closeness with him/her that should prevail in any lawyer-client relationship.

On the other hand, with the private lawyer, a close and confidential relationship can be maintained, with direct access to his office and absolute availability to his or her client.

Furthermore, it is not trivial to consider the workload of an insurance lawyer, as it is usually very high, to the point that he/she will not be able to dedicate even 50% of the time required to each case, as it is materially impossible, which, on the other hand, a private lawyer can do. 

So what should I hire?

In short, a private lawyer will be able to offer a higher quality, specialised and personalised service, at the same cost as the insurance company's lawyer, for whom the accident will be just one of a myriad of files. In other words, by hiring a private lawyer, the client benefits in the majority of cases.

We constantly face with an excessive interest on the part of insurance companies in launching the message that there is a high percentage of fraud against insurers with the aim of collecting undue compensation. 

This message is very recurrent for insurance companies, firstly, because the message gets through, and secondly, because they spread this false belief which, after so much repetition, we end up believing it, thus placing the insurance companies in a position of false prejudice. 

We can observe how, in all types of media, statistical data appear in this sense, always provided by insurance companies and never by other sources outside the sector. 

Well, the reality is quite different, and the fact is that, while the fraud of the insurance companies is minimal (barely 2%), it makes a lot of noise, compared to the real fraud that these companies carry out with each claim received by an injured person, which is devastating, but sounds very little.

The insurers are constantly extorting the success of every personal injury claim in road traffic accidents from the very moment the claim is made, using various practices.

Here are a few examples, among others:

Fraud 1

The companies control the medical treatment. In a traffic accident, the victim must be treated by a centre of the network of rehabilitation clinics whose payment must be authorised and assumed by the company itself.  Often, the companies do not authorise such treatments on arbitrary and unfounded criteria that the courts themselves do not admit, knowingly. But that does not matter, what is important for the insurer is that, if it does not pay, the injured parties cannot receive medical treatment and, from that moment on, they begin to lose their rights to compensation. The company saves on medical treatment, and saves on compensation.

Fraud 2

Out-of-court claims are rejected in their entirety by the companies, forcing the injured parties to pay the cost of legal proceedings, so that the competent court finally upholds their claim and grants the injured party the corresponding compensation. But that does not matter, because many claims fall by the wayside, again saving the companies money.

Fraud 3

Out-of-court claims involving serious injuries to which the company amicably makes fixed offers of between 3,000.00 and 6,000.00 euros. Once in the legal proceedings, there are countless cases in which we have managed to obtain compensation of up to 50,000.00 euros, light years away from the offer for which the company intended to close the case. Again, saving thousands of euros at the expense of the injured parties who, due to lack of advice, decide not to go to court. 

Fraud 4

Offers made by insurance companies without accompanying them with an expert medical report to back them up, despite the obligation imposed by law. This is in order to save the cost of commissioning the corresponding Medical Expert. This also means that the injured party does not have sufficient elements of judgement to be able to decide whether or not to accept an offer. 

 Fraud 5

Derisory legal defences. In some cases, they present a maximum limit of 200 euros, so that the injured party has to pay for the fees of a private lawyer and a private solicitor. This renders this clause, which has been considered abusive by the courts, meaning that it is devoid of content.

In short, the cost saved by the insurance companies, to the detriment of the victims of traffic accidents, with this type of practice that they carry out on a daily basis is immensely greater than the cost that the minimum percentage of fraud that exists can suppose. 

This is why we cannot allow this false dogma to continue to spread, simply because it does not correspond to reality. It is a hard task to fight the insurance lobby, but not impossible.

Many people are unaware that they are entitled to compensation if, after suffering serious injuries in a traffic accident, they need an operation. Compensation for surgery due to a traffic accident is contemplated in Law 35/2015, of 22^nd September, which is why it was included for the first time in the 2016 schedule of rates. 

This type of compensation is formally called "personal injury due to surgery". It is included in the item intended to compensate the basic personal injury, just like the compensation for days of admission to the ICU, hospital admission or days of sick leave. 

We want to answer all your questions, so we have prepared this guide to explain everything you need to know about compensation for surgery.

What is considered a surgical operation? 

Although it is commonly called surgery, it is actually correct to speak of an operation or surgical operation, since it involves operating, either totally or partially, on a wound or injury caused in this case by a traffic accident. 

The aim of a surgical operation is to diagnose, treat or rehabilitate the damage, regardless of whether its extent is greater or lesser, with the help of specialised instruments, local or general anaesthesia, and the necessary disinfection and sterilisation measures.  

How is compensation for surgery in a traffic accident calculated? 
 

According to the system for the valuation of damages caused in traffic accidents, the calculation of the compensation with which the injured party will be compensated for each of the surgical operations required will depend on their complexity, whether their life is in danger, the type of anaesthesia to be used and the technical characteristics of the operation.

Article 140 of Law 35/2015 of 22^nd September includes a table indicating a minimum and a maximum amount for each type of operation. According to this, each surgery can be compensated with a minimum of €400 and a maximum of €1,600.

Therefore, in order to calculate this type of compensation, it is very important to determine which Surgical Operation Group the operation belongs to, so below we will see what this is and how it works.

Group of surgical operations and how it works 

Taking into account what we have seen in the previous section, a Group of Surgical Procedures is a category in which a series of operations or procedures are classified according to their characteristics, complexity, etc. Therefore, in order to be able to calculate the exact amount of compensation, it is necessary to classify the procedure suffered by the victim in a specific group.  

For this purpose, the Terminological Classification and Codification of Medical Acts and Techniques establishes nine groups or categories, as follows:

• Group 0 (from 400 to 500 €): suture of wounds or treatment and cleaning of burns.
• Group 1 (from 501 to 600 €): simple bone fracture or extraction of foreign bodies in the face and neck, among others.
• Group 2 (from 601 to 700 €): among others, suture of serious wounds, muscle tears or orthopaedic mobilisation of shoulder, knee, etc., under anaesthesia.
• Group 3 (from 701 to 850 €): muscle tears, medium burns or joint injuries without fracture, among others. 
• Group 4 (from €851 to €1,000): including tendon ruptures, ligament reconstruction, open fractures or amputation of limbs.
• Group 5 (from €1,001 to €1,150): serious fractures or dislocations, herniated discs, etc.
• Group 6 (from €1,151 to €1,300): bone, muscle or skin grafts, among others.
• Group 7 (from €1,301 to €1,450): transplants and complex reconstructions, among others.
• Group 8 (from €1,451 to €1,600): surgical correction of the spine, reimplanted limb, among others. 

However, it is sometimes difficult to classify a surgical operation in a specific group, which is why the procedure of a medical expert and a lawyer specialising in road accident compensation is necessary. 

Can surgical operation overlap with other concepts? 

Compensation for surgical operation is an autonomous and independent item within the section that compensates the basic personal damage suffered due to temporary injuries caused by a traffic accident. That is to say, this concept does not overlap with any other concept, therefore, the days of hospitalisation or the sequelae that are a consequence of this operation must be valued and compensated separately under other items. 

Most frequent road traffic accident injuries requiring surgery 

In traffic accidents, whether by car, motorbike or moped, there are always a series of injuries that are repeated more frequently and that usually require surgical operation:

• Concussions and other head contusions.
• Nasal fractures and severe blows to the face.
• Simple or open fractures, especially in the lower limbs. 
• Burns of varying degrees. 
• Crushing or amputation of a limb.

Different surgeries, separate compensation. 

Sometimes, there are injuries that require more than one surgical intervention for their treatment, stabilisation or rehabilitation. Therefore, the injured person can claim compensation for each of the operations needed to repair the damage suffered in a traffic accident. Furthermore, there is no maximum number of operations that can be compensated, but rather each and every one of them can be claimed.