Consequential loss (or "out-of-pocket expenses") is a fundamental concept within financial loss. In simple terms, it is money that comes out of your pocket as a direct result of the accident. These are real, current, and quantifiable expenses that you would not have incurred if the incident had not occurred.
Unlike compensation for "days off work" or "treatment days" (which compensates for your injury and recovery time), consequential loss seeks to reimburse you for the exact amount of money you have lost by paying bills.
1. What expenses are considered Consequential Loss?
In Málaga, and generally under the Scale of Traffic Accidents in Spain, you can claim the following:
- Medical and Pharmaceutical Expenses: Pharmacy receipts (medication, ointments), neck braces, crutches, private physiotherapy sessions, or diagnostic tests (if not covered by the standard agreement).
- Travel Expenses: Taxi, bus, or petrol receipts for attending rehabilitation or medical appointments.
- Personal Property Damage: The cost of repairing or replacing items broken in the crash: clothing, motorcycle helmet, glasses, mobile phone, or even a child's car seat.
- Third-Party Assistance: If the injury is serious and you need to hire someone for domestic chores or personal care.
- Adaptations: If the accident results in serious permanent disability, the cost of adapting your home or car is also included here.
2. Key difference: Consequential Loss vs. Loss of Earnings
It is very common to confuse them, but they are two sides of the same economic loss coin:
| Concept | Definition | Example | ||
|---|---|---|---|---|
| Consequential Loss | Money that you pay. | A physiotherapist's bill not covered by the agreement or a taxi to the hospital. | ||
| Loss of Earnings (Lucro Cesante) | Money that you stop earning. | The portion of your salary that is deducted because you are on sick leave. | ||
3. Requirements to be able to claim it
Simply stating that you have incurred expenses is not enough; the insurance company will demand strict proof:
- Documentary Evidence: You need official invoices (in many cases, simplified receipts without your personal details are not valid) and proof of payment.
- Causal Link: The expense must be logically necessary to treat the injuries from the accident. If you buy vitamins that are unrelated to your injury, the insurance company will reject them.
- Medical Prescription: It is vital that a doctor has recommended that treatment or product. For example, if you buy a neck brace on your own without it appearing in the emergency room report, they may deny the reimbursement.
4. Practical advice in Málaga
- Keep everything: Always ask for an invoice in the injured person's name for taxis (you can ask them to state the route "Home - Rehabilitation Clinic").
- Mileage: If you use your own car, record the kilometres and the dates. Although there is no specific petrol invoice per journey, compensation is usually paid according to a cost-per-kilometre table.
- A&E (Emergency Room): Remember that if a medical expense is incurred but you did not go to A&E within the first 72 hours, the insurance company may refuse to pay, claiming there is no proof that the injury resulted from the accident.
