Compensation in traffic accidents

Have you been injured in a road accident in Spain? The 2026 traffic injury compensation scale, known as the Baremo de Tráfico, provides the legal framework for calculating compensation for temporary injuries, permanent impairments and financial losses.

At Trafilex, we explain the updated statutory amounts, how the compensation tables work and what you should consider before making a claim.

What is Spain's 2026 traffic injury compensation scale?

The Baremo de Tráfico is Spain's statutory system for assessing personal injury compensation following road traffic accidents.

Law 35/2015 introduced a major reform that came into force on January 1, 2016. The framework has subsequently been amended, including through Law 5/2025.

For 2026, statutory compensation amounts increased by 2.9% compared with 2025, according to the resolution issued by Spain's Directorate-General for Insurance and Pension Funds on February 3, 2026.

The system follows two essential principles:

Full compensation: providing compensation for legally recognized damage and losses.
Separate assessment: evaluating personal and financial losses under their respective categories.

What damages can be included in a road accident claim?

The Spanish compensation framework covers three principal situations:
Death resulting from an accident.
Permanent injuries or impairments.
Temporary injuries during recovery.

Each category may include basic personal damages, particular personal damages and financial losses.

The final compensation amount depends on the injuries, medical evidence, recovery period and individual circumstances.

How to calculate compensation using the 2026 Spanish injury scale

Temporary injury compensation: tables 3.A, 3.B and 3.C

Temporary injuries are generally assessed from the date of the accident until recovery or medical stabilization, subject to the applicable statutory rules.

The official daily compensation amounts for 2026 are:

Basic impairment: €39.20 per day.
Moderate impairment: €67.96 per day.
Severe impairment: €98.02 per day.
Very severe impairment: €130.69 per day.

Basic impairment covers recovery days without a qualifying particular impairment.

Moderate impairment involves a significant restriction of normal activities.

Severe impairment affects essential daily activities or most specific personal activities. Very severe impairment involves an almost complete loss of autonomy for essential activities.

Being absent from work does not automatically establish the legal impairment category. The assessment depends on the claimant's actual limitations and medical evidence.

The daily amounts for moderate, severe and very severe impairment already include basic compensation for the same day.

Compensation for surgical procedures

The 2026 compensation scale provides an additional amount ranging from €522.76 to €2,091.05 per surgical procedure, depending on the nature of the intervention and the applicable legal criteria.

Permanent injuries: tables 2.A, 2.B and 2.C

Permanent injuries, known in Spanish as secuelas, are lasting physical, psychological, sensory, organic or aesthetic impairments following medical stabilization.

The compensation framework uses several tables.

Table 2.A.1 — Medical assessment

Identifies permanent injuries and assigns impairment points according to their nature and severity.

Table 2.A.2 — Financial assessment

Determines the monetary value of the recognized impairment points based on the injured person's age.

Table 2.B — Particular personal damages

Provides additional compensation when specific statutory conditions are satisfied, including certain forms of moral harm and loss of quality of life.

Table 2.C — Financial losses

Addresses eligible financial consequences, including certain future expenses and loss of earnings.

Two claimants with similar injuries may therefore receive different compensation amounts.

Practical example: calculating road accident compensation in 2026

Consider a 31-year-old chef injured in a road accident.

The recovery period includes:

30 days of moderate impairment.
65 days of basic impairment.
Two permanent impairment points.
No documented loss of salary.

We first calculate temporary injury compensation:

30 × €67.96 = €2,038.80

65 × €39.20 = €2,548.00

The temporary injury subtotal is:

€2,038.80 + €2,548.00 = €4,586.80

We must then add the monetary value of two permanent impairment points for a 31-year-old claimant, using the official 2026 financial assessment table.

Any other eligible and documented losses may also be included.

€4,586.80 is the temporary injury subtotal, not the final compensation amount.

What additional expenses can accident victims claim?

Depending on the circumstances, recoverable financial losses may include:

Eligible medical and rehabilitation expenses.
Necessary travel costs for treatment.
Documented loss of earnings.
Certain future expenses resulting from permanent injuries.
Other legally recognized financial losses.

We recommend retaining medical reports, receipts, invoices and employment documentation to support the claim.

Frequently asked questions about Spain's 2026 compensation scale

How much compensation can I receive per recovery day?

Daily compensation ranges from €39.20 for basic impairment to €130.69 for very severe impairment. The applicable category depends on the actual injury-related limitations.

How are permanent injury points calculated?

A medical assessment identifies the lasting injuries and assigns points under the statutory medical scale. The financial table then determines their monetary value based on age.

Can I claim compensation without taking sick leave?

Yes. Not taking sick leave does not automatically prevent a compensation claim when injuries and compensable losses can be established.

What is the deadline for making a claim?

As a general rule, direct claims against an insurer are subject to a one-year limitation period. However, when that period starts and whether it is interrupted depend on the circumstances.

Does an online calculator provide a final settlement amount?

No. A calculator provides an initial estimate. The final assessment depends on medical evidence, the applicable legal framework and individual circumstances.